If you want to end up with a clear and binding premarital agreement in Texas, the safest way is to get help from a good lawyer. There are good reasons to hire a lawyer — or actually two lawyers — to do your prenuptial (or premarital) agreement in Texas.
Independent legal advice
Prenups are still scrutinized by the courts closely. Having a lawyer representing each spouse ensures that each spouse will receive independent legal counsel regarding his or her rights under Texas marital property law. The absence of separate lawyers is a big red flag to a judge who is evaluating the fairness and viability of the prenups’ provisions.
Laws vary in different states
One reason to hire a lawyer to draft the premarital agreement (prenup) is that the laws regarding a premarital agreement differ in each state. Of course, you could do the research yourself and educate yourself about Texas’ laws regarding premarital agreements. But, how would you know that your research is thorough and accurate? A lawyer trained in the area of drafting premarital agreements in Texas should already know the laws regarding premarital agreements in Texas. Further, some websites on the internet may not be up to date with changes in the law relating to drafting prenups, where a lawyer should know the latest version of the law that would apply to your situation.
Know contents of prenup
A lawyer experienced in Texas family law should have experience drafting premarital agreements. Such lawyer will know the standard, customary provisions for a prenup, and also he or she can make suggestions for creative provisions that might apply to your individual situation.
Know the formalities
A prenup can be challenged on the grounds of voluntariness or duress. An experienced lawyer will be able to use procedural formalities to give the premarital agreement the best chance of being upheld. For example, the signing of the premarital agreement could be videotaped or transcribed by a court reporter to preserve the demeanor of the parties and tenor of the conversation when the signing occurs.
Find a good lawyer
Find a lawyer experienced in Texas family law to assist in drafting your premarital agreement. An attorney board certified in Texas family law will have a minimum level of experience, knowledge, and peer evaluation. The Texas Board of Legal Specialization is the certifying agency for Texas lawyer who wish to demonstrate to clients their proficiency in Texas family law.