Once the agreement has been reached and signed by both parties, it is advisable to refer a decision to the court. In this context, the Tribunal is essentially asked to verify the legality of the contract. This can help resolve future conflicts before they occur. A declaratory judgment requires controversy, i.e. disagreement. If both spouses accept that the marriage contract is effective, some judges believe that there is no power to hear the appeal and refuse to sign it. (a) Any provision of a division or exchange agreement under this sub-chapter is not applicable to the rights of a pre-existing creditor whose rights must be defrauded by the latter; For a post-marriage agreement to be legally binding, it must be signed by both parties on a voluntary basis and with full understanding of the document and its implications. The law requires that both parties provide for fair and appropriate publicity of all assets and liabilities or, on the other hand, have sufficient knowledge of each other`s finances and obligations. Otherwise, it is necessary to sign a separate document that waives the right to further disclose. In many cases, it is recommended to create and sign such a document independently of this. Disclosure must be signed prior to the post-up. b) A question of the unacceptable of a division or exchange agreement is decided by the court.
b) A division or exchange contract concluded under this sub-chapter may be recorded in the records of the landkreis in which a part resides and in the landkreis where the property concerned is located. An agreement reached above this sub-chapter is constructive communication to a good faith buyer or creditor without actual listing only if the instrument is recognized and registered in the county where the property is located. Although not explicitly mentioned in Texas state law, it is a good idea for both spouses to have separate legal assistance to inform them of their rights and obligations. This will help avoid many scenarios in which a spouse can say that he or she has not been fully informed or that he or she did not fully understand the situation and the contract prior to signing.