Dishonest Spouse Can Doom Prenup’s Enforceability

Blog, Family Law

Prenuptial agreements, also known as premarital agreements, can help spouses preserve their assets in the event of a divorce. But if a spouse wasn’t honest when he or she was drafting the prenup, the agreement may be unenforceable, according to Orsinger Nelson partner R. Scott Downing.

Mr. Downing, in an interview with the Reuters news service, said that he’s seen such a case.

R. Scott Downing, a family law attorney in Dallas, Texas, had a client who was able to get her prenup overturned after a court ruled her husband had community property worth millions that he hadn’t disclosed to his wife.

One of the husband’s downfalls was that he had given his wife a revised prenup on their wedding day. When she said she wanted to call her attorney, he lied, saying that her attorney had said it was okay to sign it.

“People need to know that if you’re going to promise somebody a complete disclosure in a prenup, you’d better give it to them,” says Downing.

If you need advice about the negotiation, documentation, revision or enforcement of a prenuptial or post-nuptial agreement, contact the family law firm of Orsinger, Nelson, Downing & Anderson L.L.P. With offices in Dallas and San Antonio, we are one of the largest firms in Texas that concentrates in family law. Our experienced attorneys can guide you through all aspects of premarital or postmarital planning and documentation to help reduce the uncertainties of subsequent divorce litigation or even death-related disputes.