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Understanding a prenup before signing

Although prenuptial agreements tend to receive attention in the context of high-profile divorces, many Texas couples use them to protect certain assets in case their marriage comes to an end. Before entering into this type of agreement, however, it is important for both parties to understand its implications.

The rights of both parties are affected by a prenuptial agreement. However, a lack of independent representation can result in terms that are more advantageous for one party than for another. Because of this, it is important for the individuals considering such an agreement to retain separate legal counsel to review a possible agreement or to help in drafting one. Further, it is important to be sure that adequate timing is allowed between presenting an individual with a prenup and the actual wedding.

In the event of a divorce, a prenup that has been improperly executed or that may have been signed under duress could be challenged. Although legal costs could be high for involving two separate lawyers in drafting the agreement, the costs could be even higher if there is a challenge to a prenup in the event of divorce. A carefully created agreement could be particularly important to an individual who wants to protect certain properties or a business from loss in the event of divorce.

Enforcement of a prenuptial agreement can vary based on the state in which the agreement was created and when it was signed. In some states, a prenup challenge during divorce might be considered in light of the laws that were in place when the agreement was created.

People who are unsure about the legality of a prenup that they signed in the past might want to discuss their concerns with a family law attorney. A valid agreement could be difficult to challenge, but legal representation could still be important for addressing property division matters that are not clearly defined in the document.

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

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