Pre and Post-Nuptial Agreements Attorney in Dallas, Texas

When would you recommend a prenuptial agreement?

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the time that I’m going to recommend a
prenuptial agreement is if there is
When would you recommend a prenuptial agreement
let’s say somebody’s getting getting
married a little later in life let’s say
you know Here I am about to turn 50 and
let’s say that I was going to marry you
know some young thing that’s 25 years
old well I probably am going to want a
Why would you want a prenuptial agreement
prenuptial agreement because I’m going
to want to make sure to establish what I
have as as my separate property and
let’s say with my law firm I don’t want
her you know there ever being any
question of that I own a hundred percent
of it and that she doesn’t get a dime of
it okay those are things that you could
do in a prenuptial agreement there could
also be a situation where you could make
an agreement as to what type of division
the marital estate there would be so
let’s say in a typical situation where
let’s say Bill Gates okay so Bill Gates
gets married he gets divorced from
whatever his wife’s name is and then
marries someone else alright so he wants
to make sure that she isn’t going to get
you know all the monies that are flowing
off of you know his Microsoft stock and
and all of that kind of stuff so that’s
Divorce settlement
a situation where he’s going to want to
get a prenup and they could reach an
agreement in as to what the divorce
settlement is going to be and what
you’ve what you see a lot of the time is
something that is staggered over a
period of time you know they remain
married five years you know he or she
gets X amount of dollars they remain
married ten they get why they remarried
remain married fifteen or over you get Z
so those are the types of things where
you know types of things that you will
Final thoughts
see in a prenup or an anti nuptial
situation now there are certain things
you want to make sure that you do is you
know you don’t just come in and write
you know the day of the wedding put that
under the nose of the person and say you
know this ain’t gonna happen
unless you turn around and sign this you
want to make sure that that person has
had the opportunity to hire counsel to
go over that so that they are signing
saying yep I understand everything that
I’m signing I understand that I’m given
away certain community property rights I
staying that I’m doing this I understand
that I’m doing that because that is what
is going to be necessary for you to be
able to uphold this thing if you try
what I was just talking about just
sliding it under somebody’s nose and
saying uh-uh
sign here on the dotted line in this
fairytale wedding that you have always
wanted we’ll go forward you know you end
up in divorce court and very likely
someone like me is gonna have a heyday
with that thing so that’s just not
something you want to do go through the
formalities and that’s why it’s so
important to make sure that you hire you
know a really good family lawyer how do
you figure that out find someone who’s
board certified that’s been doing this
for a long time sit down with them talk
to them about here’s what I’d like to do
and find out can you do what you
actually want to do
sometimes you can’t sometimes you can’t
but there’s usually a mix where it makes
a lot of sense

Dallas high-net-worth divorce attorney, Mark Scroggins, talks about when the best time to get a prenuptial agreement is. He states that he typically recommends a prenuptial agreement when someone is getting married later in life, especially if they have substantial assets they want to protect. For example, a person approaching 50 marrying someone much younger might want to ensure that their business, investments, or other property remain entirely separate, with no claim by the spouse. A prenup can establish what is considered separate property and even outline the division of marital assets in case of divorce.

He notes that prenuptial agreements can be structured creatively, such as staggered settlements based on the length of the marriage. For instance, a spouse might receive certain amounts after five years, more after ten, and so on. These agreements provide clarity and predictability regarding property and financial matters.

He emphasizes that prenups must be handled properly. The agreement should not be presented at the last minute or forced upon the other party. Each person must have the opportunity to consult independent counsel, fully understand the rights they are waiving, and willingly consent to the terms. Without these formalities, the prenup could be challenged in court.

He advises finding a skilled family lawyer—ideally board-certified—with extensive experience. A good attorney can help craft an agreement that meets the client’s goals while ensuring it is legally enforceable. Sometimes not everything a client wants can be included, but a well-drafted prenup usually strikes a sensible balance.

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