Premarital And Marital Agreements

Premarital agreements (prenuptial agreements) and marital agreements outline spouse’s rights and obligations in the event of a divorce. Through a prenuptial (prenup) or premarital agreement, a couple agrees in advance how to protect and secure their individual assets (including those intended for heirs), should the marriage end in divorce.

This agreement can be important if a couple has substantial assets, is entering into a second marriage or one of the spouses has children from a prior relationship. Once a couple is married, a marital agreement can protect a spouse from taking on the debt of the other, or from a catastrophic tax problem. It also can protect a sizeable inheritance received by a spouse during the marriage.

For many years, I have focused exclusively on divorce and family law matters. As a Plano prenuptial agreement attorney, I listen intently to my client to understand their wishes, desires and unique circumstances, and then work hard to achieve their goals.

What Does A Prenup Do In Texas?

Premarital agreements establish the property and financial rights of each spouse prior to the marriage. This can streamline and simplify things in the event of a divorce. A prenup will typically list all property each spouse owns, as well as all of their debts. It should also outline each spouse’s rights to the property and how it will be handled during the divorce process, should one occur.

When Are Prenups Valid In Texas?

A prenup needs to fulfill a few requirements in order to be considered valid in Texas. First, the prenup must be signed by both parties voluntarily and without suspicion of coercion. The agreement must also be signed conscionably, meaning that both parties provided a “fair and reasonable” disclosure of their property and financial obligations.

What Is A Postnuptial Agreement In Texas?

Postnuptial agreements are similar to prenuptial agreement, with the defining difference being when the agreement is signed. Postnuptial agreements are signed after a couple gets married, rather than before. Some couples may opt to create a postnuptial agreement if their financial circumstances change during the marriage, or if they run into financial concerns after marriage.

Creating Enforceable Documents

At Short Law Firm, PC, I ensure that your prenuptial or marital agreement meets all legal requirements, and accurately details the parties’ understanding, per the above guidelines for creating valid prenups. If the agreement meets the needed requirements, it will dictate how property will be divided and how much, if any, spousal support will be paid should the parties eventually divorce. More and more the signing of a prenuptial agreement is videotaped to save the agreement and avoid misunderstandings later. It is important that both parties to the agreement consult an experienced legal professional when considering a marital or premarital agreement.

Assisting With Your Marital Agreements

My firm has the ability to assist you in the drafting of your prenuptial agreement, regardless of how simple or complicated your asset and property division would seem to be upon divorce. Contact me today to learn whether a premarital agreement or marital agreement is right for you. You can also call my office in Plano: 972-813-9959.