Frequently Asked Questions
Do you have questions about estate planning or the probate process? Do you need to know more about family law in Dallas? Are you wondering if you have a personal injury case? Are unsure if you need a lawyer?
The Ashmore Law Firm, PC provides the answers to frequently asked questions (FAQs) about estate planning, probate law, family law and personal injury law. Please select a category from the box below to narrow your FAQ search.
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What is a Property Agreement Between Spouses?
A property agreement between spouses is a document that you sign within 30 days after marriage. This document ratifies or confirms your premarital agreement, but it’s also important to know that if you do not sign the property agreement within 30 days after marriage, it does not nullify or void your previously signed premarital agreement.
Are Premarital Agreements Only For The Wealthy?
Many people think that premarital agreements, (also known as prenuptial agreements) are only for the wealthy. That is not necessarily true. A Premarital Agreement will protect whatever wealth you have accumulated prior to marriage AND what is acquired during the marriage.
Some people feel that a premarital agreement is setting a marriage up for failure. That is not the case either. It will protect your spouse from debts that may accrue during the marriage. So it is a protection both for assets AND liabilities. We recommend that EVERYONE have a premarital agreement.
For more information on Premarital Agreements, contact us online or by phone at 214.559.7202.
Can you get a Prenuptial Agreement after you are married?
No, you cannot get a Prenup (also called a Premarital Agreement) after you are married. You CAN get what is called a Postmarital Agreement. You can enter into a Postmarital Agreement any time after marriage. It is a contract between you and your spouse on how things such as, assets, businesses & debts are going to be handled moving forward.
What is a Prenuptial Agreement?
A prenuptial agreement is defined as a written contract between a couple who is about to marry, which establishes the terms of possession of assets, treatment of future earnings and control of the property, but most importantly, it spells out how everything will be divided if the marriage was to end.
Why should I get a prenuptial agreement?
There are numerous benefits associated with a prenuptial agreement:
- It puts the power of property settlement in your hands, instead of to the court.
- It makes the business portion of the divorce (separation of assets, property, etc.) much easier to handle & the legal fees are much less.
- It protect any personal businesses from becoming community property or from a spouse receiving voting rights or becoming a shareholder in the business.
- It can even protect you from creditors. For example, if your spouse came into the marriage with a lot of debt, a prenuptial agreement will protect you from being pursued by his/her creditors. The last thing you would want to deal with following a divorce is having your spouse’s creditors harassing & threatening you.
My fiancé wants me to sign a prenuptial agreement because his family is worried that if he inherits their money, I will get it. What should I do?
A prenuptial agreement often protects the rights of both parties. You can participate in the creation of a prenuptial agreement so that provisions are made for your own well being should your marriage terminate in divorce.