Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Local Calls210.807.8158

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Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.

Is your prenuptial agreement valid?

Prenuptial agreements can offer peace of mind that you will be protected if your marriage dissolves, but mistakes made during the creation of the document can sometimes make the contract invalid. There are many different types of errors that can be made and might cause the document to be discounted by a judge.

According to Forbes.com, a judge may dismiss your agreement if the terms are considered obviously unfair. Conditions set on weight gain or visits by in-laws can invalidate the entire document. Similarly, if claims are made that no child support will be paid or other lospided terms, your prenup may be considered unethical. 

Oral promises are also inadmissable when it comes to your divorce case. You cannot use spoken agreements in place of a prenup. In order to hold up in court, the information must be recorded and signed by both you and your ex-spouse and, preferably, your separate legal representation. If you did not each secure your own attorney when signing the document, a judge might see this as reason to throw it out.

Your prenup may also lose strength if one of you claims that you were coerced into signing the document. This could happen if it was signed too soon before the wedding, without enough time to read over the terms or with pressure from your spouse or family members. Other conditions, such as intoxication at the time of signing, may render the prenuptial agreement invalid. This information is intended for your education and should not be taken as legal advice.

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

Toll Free: 888-447-9456
Phone: 210-807-8158
Fax: 210-227-5353
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