Most of us have heard of prenuptial agreements, but what about postnuptial agreements? In Texas, a postnuptial agreement works similarly to a prenuptial agreement, but with one big difference: A postnuptial agreement is signed after a couple is married. A prenup is signed before the marriage.
So what exactly is a postnuptial agreement and why might a couple want one during their marriage? In this article, our family law attorneys explain Texas postnupital agreements, including what is required in such an agreement, and why it might be right for you and your spouse.
Texas Family Code
as a marital property agreement – is a legal contract created by a married couple detailing how finances, property, and assets will be divided in the event of divorce or the death of a spouse.
Like a prenup, a postnup must be voluntary, in writing, and signed by both spouses. It’s important to point out that child support and child custody clauses are not included in Texas postnuptial agreements.
It’s also important to note that Texas courts can rule a postnuptial agreement unenforceable if a judge finds any of the details unfair, unconscionable, or illegal.
Texas is a community property state, which means property acquired during a marriage is typically equally divided between the two spouses upon divorce. A postnup agreement, however, leaves decisions about the division of property and finances up to the spouses who voluntarily enter into the contract during the marriage.
While postnups might not sound like an ideal romantic contract between a couple, agreeing on important financial aspects of your union could ultimately lead to better understanding and communication in the marriage. A postnup could ease financial concerns and give you and your spouse more time to devote to other marital issues.
Postnuptial agreements can be beneficial because, in theory, you and your spouse are agreeing to terms when you’re still cooperating and not making important decisions during the tension of a divorce.
In short, yes. Retaining an experienced family attorney is highly advisable when entering a Texas postnuptial agreement contract with your spouse. In fact, both parties should be represented by attorneys.
An attorney will make sure the agreement is fair, and the paperwork is filed correctly. Legal counsel will also guide you towards specific provisions that are in your best financial interest. A family lawyer will ensure that both your and your spouse’s assets and debts are thoroughly vetted. This is important because courts can rule a postnup agreement is invalid if financial records aren’t accurate in the contract.
Filing a postnuptial agreement form online and forgoing the counsel of an attorney is a perilous pursuit. The smallest error could void the contract at considerable financial costs to you.
to set up a consultation with an experienced family law attorney. Our team includes seasoned family lawyers who can guide you through the process and will work to make sure your best interests are the focus and that the financial contract is fair and valid. Call us at 817-900-3220.