Matrimonial Law in Austin, TX

Austin Family Law Attorneys

The Austin family lawyers and matrimonial law attorneys of Nunis & Associates in Austin offer legal counsel regarding prenuptial agreements, marital agreements, divorce, child custody and other family law matters.

Marriages in Texas

Pursuant to statistics by the Texas Department of State Health Services, there has been a downward trend of marriages recorded in Texas. Ages of the population, postponement of marriage, and cohabitation rather than marriage are reasons for the decrease in marriages in Texas.

It is common for the “Generation X” population to accumulate wealth and debt before marriage. A prenuptial agreement offers a way for a couple who has substantial assets to structure the division of these assets should they divorce or die. In addition to outlining how assets would be divided, a prenuptial agreement also outlines how spousal maintenance will be handled if the couple were to break up or file for divorce. For a prenuptial agreement to be valid, it must be executed before the couple gets married. If a couple chooses to create a similar agreement after they are married, a postnuptial agreement is prepared stating the couple’s intentions.

Prenuptial Agreement Requirements

For a prenuptial agreement to be recognized by a court, it requires these fundamentals:

1. The prenuptial agreement must be written and signed voluntarily by both parties.
2. The prenuptial agreement must disclose accurate information and be fair to both parties.
3. The prenuptial agreement needs to be notarized.

Issues such as child custody, child support, and visitation are not included in a prenuptial agreement.

Prenuptial Mediation

An alternative cost-effective method to a prenuptial agreement is prenuptial mediation. A mediator facilitates a meeting of the minds with the engaged couple, who discuss the issues of asset division and spousal support, as well as any other issues the couple would like memorialized. A prenuptial agreement or memorandum citing the decisions is prepared by the mediator and sent to both parties’ attorneys.

Contact Matrimonial Lawyers in Austin

If you are engaged and would like more information about a prenuptial agreement or prenuptial mediation, contact an Austin family law attorney of Nunis & Associates at 512-623-7052, or submit our quick contact web form for a free preliminary consultation to discuss your financial concerns.