As the Martin Court pointed out, the Texas legislature has publicly stated that pre-marital and marital agreements must be enforced, and there is therefore a presumption that they are effectively enforceable. But Texas law offers a way to set aside a probably worthwhile deal. One possibility is that the litigant can prove that the agreement was not signed voluntarily. However, the Texas Family Code does not define what it means by “volunteer.” However, in its interpretation by several courts, the term has generally been interpreted as meaning coercion and inappropriate influence, and it is a question of fact that depends on all the circumstances and the intellectual effect on the party who argued the execution of the document. In Martin, the Court of Appeal held that the court had sufficient conflicts of evidence to rule on the voluntary issue, rather than governing legally in favour of the husband. At Ben Carrasco`s law firm, our lawyers are ready to guide you through the process of creating a post-marriage contract in Texas. Life began with hope when the Martins married. A few years later, they decided to take a marital property to share and exchange their communal property. Yet, 13 years later, the husband sought divorce and tried to enforce the agreement. The woman attempted to circumvent the agreement by stating, among other things, that she had not voluntarily executed the agreement and that the agreement itself was unacceptable.

She stated that the husband dictated the terms of the agreement and that her lawyer played little at the trial of the terms. She also claimed that the husband had put her under pressure to sign if she had not done so otherwise. The Martin v. Martin case took him to the Texas Court of Appeals, and while the decision itself did not fully resolve the issues in the case, it is instructive to know what these issues are and how the courts might resolve them. An important point to remember in these agreements is that couples are generally pleasant when they are made. It is only when a divorce begins that an agreement is attacked. Filling out a post-uptial agreement with an online form can save you money in the short term. However, in the event of a divorce or other payment of the estate, it could cost you a considerable cost.