Texas Prenuptial & Postnuptial Agreements

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Building Strong Foundations

Prenuptial agreements or premarital agreements can help you and your significant other to start your life together on firm footing. Prenuptial agreements allow couples to have crucial conversations in a secure environment, where they can discuss their expectations and clarify their goals as a married couple. 

Prenuptial agreements provide prospective spouses with a framework for identifying the property they bring into the marriage, as well as ways to preserve and handle the property in the event of death or divorce. Prenuptial agreements can determine what property created in the marriage is community property and what property created in the marriage is separate property.

PRENUPTIAL AND POST MARITAL AGREEMENT

FAQ

What is a Marital Property Agreement?

There are different types of agreements that spouses and soon-to-be spouses can reach regarding their marital property rights. For example, before marriage, you can enter into a premarital agreement, also known as a prenuptial agreement. After marriage, you can enter into a postnuptial agreement, also known as a partition and exchange agreement or post marital agreement. Under Texas law, spouses are granted the right to change the character of community and separate property by agreement with the use of a marital property agreement.

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What is a Prenuptial Agreement?

Prenuptial agreements (also referred to as premarital agreements) are binding legal documents created between two people before marriage. Prenuptial agreements can be as simple as each person confirming what property they bring into the marriage and as complex as eliminating any community estate and dictating what happens in the event of divorce or the death of a spouse. The primary purpose of a premarital agreement is to modify Texas’ community property laws. Modifying the law impacts not only the financial aspects of any future divorce but also impacts estate planning.

What is a Postnuptial Agreement?

During a marriage, spouses sometimes want to set out some ground rules to govern the assets and liabilities they have accumulated during the marriage. Postnuptial agreements, also known as Post-Marital Agreements or Partition or Exchange Agreements, are documents that allow married couples to make binding changes to their finances after they have wed.

Postnuptial agreements are also binding legal documents that define the division of assets and debts should the marriage be dissolved. The benefits of a postnuptial agreement take away the uncertainty of what is going to happen in a divorce. And so, once the divorce is filed, you abide by the terms of the agreement and it’s much simpler, and much less expensive. One consideration for anyone who’s thinking about getting a postnuptial agreement is to consult with a lawyer and find out what happens if you don’t have one.

Goranson Bain Ausley lawyers can discuss the pros and cons of entering into these types of agreements.

Why Marital Property Agreements Are Important

Prenuptial agreements, postnuptial agreements, and agreements to convert separate property to community property can provide structure, clarity, and a pathway to a successful marriage by eliminating one of the most potent marital stressors: money. Marital agreements are for anyone who wants to apply a different set of rules than what Texas law provides when it comes to property created during the marriage and how that property will be divided in the event of divorce or death.

Do You Need a Prenuptial or Postnuptial Agreement?

It could be that you are unsure whether a prenuptial, postnuptial, or other marital property agreement is right for you and your future spouse. On the other hand, you might have received an agreement to review and would like clear legal advice. Or you’re considering divorce and would like to examine the enforceability of your existing agreement. Whatever your question about this area of family law, Goranson Bain Ausley’s experienced lawyers are here to answer your questions.

Our goal is to listen to your story. We want to know your goals, concerns, and expectations for the future. We are here to help you and answer your questions about marital agreements, including: 

  • What is and is not included in a prenup?
  • What should you consider before signing a prenup?
  • How have prenup agreements changed? What is a modern prenup?
  • Are prenups enforceable?
  • When is it a good idea for a married couple to have a postnuptial agreement?
  • Do you need a family lawyer to draft a marital agreement? 
  • What is a Collaborative prenup? 
  • How do courts determine the fairness of a marital property agreement?

Get in Touch

At Goranson Bain Ausley we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.

OUR LATEST RESOURCE ON PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

Should You Say “I Do” to a Premarital Agreement

Attorney Kristen A. Algert explains premaritial agreements and whether you should sign one.

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View all Prenuptial and Postnuptial Agreements Resources

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