Y’all ready to unravel the mystery of prenup lawyers in Dallas? Well, grab your boots and saddle up, partner, because we’re about to demystify this wild west of legal love! Prenuptial agreements, or “prenups” as most people like to call them, are contracts made before the wedding day between two future spouses. The contract usually lays out what should happen to the couple’s finances in the event of a divorce. However, do you need to hire a lawyer to have a valid prenup in Dallas? How do you find a good one for the job? Is it even worth it? What’s the cost? We answer these great questions and more below, so stick around.
Do I even need a prenup lawyer in Dallas?
The short answer is no! You do not need a prenup lawyer to have a valid and enforceable prenup in Texas. However, having a prenup lawyer is a good idea.
As Patrick Eaton, a prenup lawyer in Dallas, said: “A prenup can be a “do it yourself” document, but will it hold up in court when challenged, and is that a risk worth taking?”
In theory, you can create your own, DIY prenup on a piece of paper with a pen, without a lawyer. However, you will still need to follow the rules laid out by Texas law to have it enforced. Texas (and all other states) have certain laws and requirements that must be followed for a court to enforce a prenup, such as putting the prenup in writing and signing it (and many others). If the rules aren’t followed, you risk getting your prenup thrown out if it is ever challenged.
Can we share a prenup attorney in Dallas?
In other words, can you and your future spouse use the same attorney to represent you both for your shared prenup? The answer is no. That would be a conflict of interest. An attorney cannot represent two parties to the same prenup and zealously advocate for both sides at once. For example, let’s say Spouse A wants to waive spousal support in the prenup but Spouse B does not want to waive spousal support. Who is the lawyer going to choose to advocate for? Because it can only be one or the other in this situation. That’s why it’s absolutely necessary to get your own attorneys (that is if you choose to hire legal representation).
How to find a good prenup lawyer in Dallas
Finding the perfect prenup lawyer for you is possible! There are several places to look for one and ensure they are a good fit. Ultimately, you need to choose a lawyer you feel comfortable with because you will be sharing intimate details about your finances and relationship with this person!
Here are some places you can begin your online search for a good prenup lawyer in Dallas:
- Google (try searching “prenup lawyer near me” or “Dallas prenup lawyer” to start and mix and match keywords to find a good search result)
- Avvo is an attorney directory that you can filter by location (Dallas) and specialty (family law)
- The Texas Bar Association website has a lawyer look-up page where you can also search by location and specialty
- HelloPrenup has Texas-based attorneys available for a flat-rate (!!) add-on cost
We also spoke with the prenup lawyers at Eaton Law Firm in Dallas on this topic and they said “Finding an attorney that specializes in premarital agreements can be difficult unless you or a family member has previously gone through a similar situation. Using a platform such as HelloPrenup can ease this difficult task and connect you with a specialized attorney with the quick click of your mouse.”
There are also some tricks we’ve written out for you to ensure you are actually choosing a “good” attorney. Here are some things to keep in mind:
- Make sure the prenup lawyer you choose actually does prenups, as not all family law lawyers do!
- Check their online reviews (Google and Avvo) and read through the good and bad.
- Do a “test run” with them and set up a free 15-minute call to discuss the basics, such as timeline, cost, and logistics. You can get a good idea of whether or not you like this person.
Cost of a Dallas prenup lawyer vs. HelloPrenup
If you decide you want to hire a prenup lawyer, what will it cost ya? Well, there are several things that go into the cost of hiring a lawyer, such as the cost of living in your area, the skills of your attorney, and the complexity of your case. Let’s hear from Patrick Eaton, a prenup lawyer over at Eaton Law Firm in Dallas, on the costs of a prenup lawyer in Dallas:
“A prenup attorney can cost as little as $1,000.00 and as much as $20,000.00. Prices typically vary based on the size of the estate, the novelty of issues in the prenup, depth of specificity, and ultimately the amount of negotiation with opposing counsel.”
You heard it here folks–prenups can cost up to $20,000 in Dallas. Wow, everything really is bigger in Texas, isn’t it? The good news? HelloPrenup offers valid and state-compliant prenup and prenup legal services for a fraction of that cost. In fact, our prenup alone (without a lawyer) costs just $599 per couple. If you want to add on a Dallas attorney, you can do that for a flat-rate cost, starting at $99.
What are some benefits of hiring a prenup attorney in Dallas?
Why would someone want to hire a prenup attorney when you can create a valid prenup without one in Texas? Well, lots of reasons. First, let’s hear from a real-life prenup lawyer in Dallas on why you should hire one:
“The worst possible outcome when it comes to a prenup is to think that you are properly legally protected with your prenup, and then at the time of divorce, find out that your prenup is legally ineffective and you are left unprotected and thrown to the whims of a judge or jury for division of assets. Hiring a Texas prenup attorney will help you ensure that you are firmly protected.” – Patrick Eaton, Dallas prenuptial agreement attorney
Prenup lawyers can also give you legal advice, which is a huge benefit. Should you waive alimony? Does it make sense for your situation? What about a death clause, should we include one? When you hire a prenup lawyer, you can get all of your questions answered and they can help you decide what are the best clauses for you to add. They can also answer your questions on the law. If you want to know what will happen in X, Y, Z situation, your prenup lawyer’s got your back!
Peace of mind. Need we say more? There’s something tranquil about knowing you’ve done all that you can do in terms of protecting your financial future with a valid and enforceable prenup that is customized to your needs. What better way to get that peace of mind than to hire a skilled and knowledgeable prenup lawyer to get that done?
Validity and enforceability requirements of a Dallas prenuptial agreement
So, what’s involved in crafting a legally binding prenup in Dallas? For starters, in Texas, prenups are legally referred to as “premarital agreements” but it means the same thing. And while it’s best to consult a prenup lawyer for precise guidance on TX prenup laws, we can outline some fundamental requirements to provide you with a basic understanding.
Here are the requirements for a prenup in Texas:
- The prenup must be in writing (no oral agreements)
- The prenup must be signed by both parties (of course!)
- The parties to the agreement must sign the document voluntarily (not under some type of coercion)
- Each party provided fair and reasonable financial disclosure (i.e., they both shared the full picture of their finances)
- The prenup doesn’t include unconscionable terms
- The prenup doesn’t include terms against Texas policy or law
- (See Tex. Fam. Code Section 4.001 to 4.010 for more details)
Consider hiring a Dallas prenup lawyer for all your prenup needs
While it’s not legally required to hire a prenup lawyer for a valid and enforceable prenup in Texas, it is recommended. Unless you’ve been brushing up on recent Texas family case law (which is unlikely), then you’re probably not privy to the things that should go into a prenup. Prenup lawyers can give you the best odds for an enforceable prenup and give you legal advice to help you create a prenup that meets your financial and relationship goals. But they are so expensive, you say. Well, yes, but if you use HelloPrenup’s attorney add-on services you can pay as low as $99 for a Dallas prenup attorney’s services! See, everything isn’t ALWAYS bigger in Texas.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]