Prenup Lawyer in Arlington, TX
Board-Certified Expertise Protecting Your Future
- Board-certified family law attorney on staff
- Decades practicing family law in Tarrant County
- Virtual consultations available
- Serving Arlington, Southlake, and Mansfield, TX
Why Choose Us for Prenuptial Agreements
Board-Certified Family Law Attorney
David Cook is board-certified in family law by the Texas Board of Legal Specialization, a credential held by fewer than 1% of Texas attorneys. When your prenuptial agreement needs to hold up under scrutiny, that level of specialization makes a measurable difference for families in Arlington and throughout the metroplex.
Decades of Practice in Tarrant County
Harris Cook Law has built lasting relationships with judges, court staff, and fellow attorneys across Tarrant County. That kind of familiarity helps our team anticipate challenges, navigate the local court system efficiently, and position your prenup for enforceability from day one.
A Calm, Supportive Environment
Discussing a prenuptial agreement before your wedding can feel uncomfortable. Our office is designed to put you at ease and reduce stress. Our attorneys keep the process professional and focused so you and your partner can make clear, confident decisions together.
Protect Your Future
Some people worry a prenup is a signal of distrust. It's actually a powerful and meaningful demonstration of your investment in your partner. If your marriage doesn't last, neither of you will be left bearing undue hardship. Our family law attorneys in Arlington, TX, can help you create a prenup that harmonizes with the law while serving your best interests and eliminating many of the unknowns of establishing a life partnership.
"Having the legal expertise and counsel of David and his team made what was such a scary and painful process one that I felt so very well represented in and taken care of through. Most of all, I felt confident of his professional and compassionate counsel and representation in seeking the very best way to lead my children and I through this process." — Katie, 5-Star Review
What Is a Prenuptial Agreement?
A prenup is a legally binding contract that two people agree to before their marriage. These documents typically list the property each person owns, outline each spouse's rights in the event the marriage ends, and establish financial expectations that both parties commit to in writing. While premarital agreements are most commonly associated with wealthy couples who want to protect their assets, they serve a wide range of purposes for couples at every income level.
The Texas Family Code follows the Uniform Premarital Agreement Act (UPAA). This means Texas family courts will recognize prenuptial agreements that were validly executed in another state. If you or your spouse moved to Southlake, TX, or anywhere else in the state after getting married, your existing agreement can still be enforceable here.
What to Include in a Prenup
"David was very compassionate with our current situation but was also very proactive in looking ahead and advising us in a direction that would be best for our family. David was so confident and professional through all of the ups & downs. We knew we were in great hands and we feel so blessed to have achieved the outcome that David and his staff worked so hard for." — Michelle, 5-Star Review
Texas law allows prenuptial agreements to address a range of financial matters, including:
- Rights and obligations related to property
- Division of assets and debts in the event of divorce
- Allocation of property following a spouse's death
- Rights to spousal support (alimony)
Every prenuptial agreement is different. It is important to work with an attorney who can review your financial picture and draft language that is accurate, enforceable, and tailored to your goals.
The Limits of
Prenuptial Agreements
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Prenups can include provisions related to spousal support, but they cannot contain language that determines child custody or places limits on child support. In addition, a prenup cannot dictate personal or social behaviors, such as household chores, child-rearing preferences, or conduct with in-laws and other relatives. Any provisions that violate public policy will not be enforced by a Texas court.
Speak with a Prenup Lawyer in Arlington, TX
A divorce can be contentious and difficult, especially when there is no prenuptial agreement in place. That's why many people in Arlington, Southlake, and Mansfield, TX, come to our law office for advice. David Cook, John Clark, and our attorneys can help you and your spouse write a prenup that takes everyone's best interests into account.
In addition to prenuptial agreements, our lawyers help clients navigate other family law issues, including child custody, visitation rights, and Child Protective Services (CPS) investigations. Our team will give you focus and peace of mind so you can approach any challenges feeling fully informed.
If you need help with a prenuptial agreement, contact our law firm online. You can also reach our family law attorney in Arlington, TX, by phone.
Why You Need a Prenup Lawyer
Professional Assessment of Your Needs
An attorney can help you and your spouse see the big picture. Sometimes a third party is necessary for a wider point of view. A lawyer can review your current assets and debts and help you both think through your financial needs going forward.
Knowledge of the Texas Family Code
Marriage and divorce laws can be confusing for the average person. An attorney familiar with family law understands the nuances of the Texas Family Code and can help you navigate the requirements and restrictions that apply to prenups.
Avoid Costly Mistakes
A prenuptial agreement is only enforceable if it is properly worded and filed. A prenup lawyer in Southlake, TX, or Arlington can check the stipulations and language to make sure the document is in good shape before it is finalized.
Reduce Stress and Personal Disputes
Even loving spouses can find the prenup process tense. Minor disagreements can lead to heated arguments. Having an experienced attorney on your side keeps the process professional and helps prevent emotions from getting in the way.
Changing a Prenup During Marriage
You can amend or nullify a prenuptial agreement after you and your spouse are married. Both parties must agree to the modifications, and a new agreement must be made in writing and signed by both spouses. Our law office can help couples in the Mansfield, TX, area and across Dallas-Fort Worth who need to alter or revoke their existing prenup.
Amending a prenup is often a good choice when one spouse decides to stop working and stay home to care for children. Updating the agreement can ensure both partners will have the financial resources they need in the event of a divorce or death.
Is My Prenuptial Agreement Invalid?
Certain factors could invalidate your prenuptial agreement. It is important to have a lawyer guide you through the process so you don't accidentally render your prenup null and void.
Factors that may invalidate your prenup:
- The agreement is not in writing
- A spouse hides or undervalues assets
- A spouse was forced or coerced into signing
- A spouse was deceived when signing
- Mistakes were made in filing the prenup
- The terms of the prenup are unfair or unconscionable
If you believe any of the above factors apply to your situation, contact our divorce lawyers in Southlake, TX, or Arlington for a consultation. Our legal team can explain how a voided prenup will affect your divorce proceedings and what it may mean for you and your spouse financially.
Request a Virtual Consultation
Planning for a wedding is time-consuming, but don't let that stop you from exploring the benefits of a prenup. Harris Cook Law - Family Law Division provides legal counsel through virtual outreach, working with residents in the greater Arlington, Southlake, and Mansfield areas.
Challenging a Prenup in Texas
To challenge the validity of a prenup in Texas, you must show that you either did not sign the agreement voluntarily or that the agreement was unconscionable when you signed it. If you were coerced into signing, intoxicated at the time, or affected by a medical condition that impaired your judgment, you may be able to argue that you did not sign voluntarily.
When Is a Prenup Unconscionable?
One of the clearest indicators that a prenuptial agreement is unconscionable is when a spouse fails to disclose all of their assets at the time of signing. Incomplete financial disclosure can make the prenup unenforceable. A prenup is not considered unconscionable simply because it favors one party over another. Courts consider factors such as maturity level, educational background, age, and previous marriages when evaluating whether an agreement is unreasonable.
Proving unconscionability is difficult in Texas because the term is undefined in the Texas Family Code. Instead, courts rely on previous cases involving fraud and coercion to determine whether an agreement was entered voluntarily. Few prenuptial agreements have been struck down on these grounds. To invalidate a prenup, a court must determine the agreement was unfair and that crucial financial information was withheld at the time of signing.
Protect Your Prenup
With a Leading
Family Law Firm
A well-drafted prenup is one that holds up when it matters most. If your agreement is ever challenged in court, the language, structure, and disclosures behind it will determine whether it stands. Our law offices in Arlington, Southlake, and Mansfield, TX, draft prenuptial agreements built to withstand scrutiny. To get started with our family law attorneys, request a consultation online or call Harris Cook Law.
What About Postnups?
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In addition to prenuptial agreements, Texas law also recognizes postnuptial agreements. Drafted after spouses are married, a postnup helps determine the financial rights and responsibilities of each spouse in case of divorce. Postnups are useful when a spouse wants to claim specific assets or debts acquired during marriage as separate property rather than marital property.
Matching Your Prenup With Your Will
A prenuptial agreement can play a role in how your assets are allocated after you die, but it is not a replacement for an estate plan. A will defines who inherits your property after your death, end-of-life decisions, and funeral arrangements. These are aspects of your life that a prenuptial agreement may not be able to address.
If your will or your spouse's will conflicts with a prenuptial agreement, it could lead to a legal dispute. Harris Cook Law - Family Law Division in Arlington, TX, can review both your estate plans and your partner's while drafting your prenuptial agreement to help you avoid these conflicts.
