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Prenuptial & Postnuptial Agreements

Under Texas law, people can enter into pre-marital agreements (also known as prenuptial agreements) and post-marital agreements (also known as postnuptial agreements, marital property agreements, or partition agreements) to define their property rights during marriage and to set out what will happen upon divorce.

Drafting a legally sound prenuptial or postnuptial agreement may not seem very romantic, but it can make a significant difference in your ability to protect your assets and interests, should any situation arise in the future that results in a divorce or separation.

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Prenuptial & Postnuptial Agreements

Prenuptial Agreement in Texas

A pre-marital or prenuptial agreement is made between prospective spouses, which becomes effective when they are married. Pre-marital agreements allow prospective spouses to define their rights and contract around the rules set out in the Texas Family Code. A pre-marital agreement must be in writing and signed by both parties. There are certain statutory defenses which, if proved, can render a pre-marital agreement unenforceable.

Pre-marital agreements are presumptively enforceable if they are drafted properly and contain all required elements set out in the Texas Family Code. At Rachel Moyle Law, PLLC, we have extensive experience in drafting, enforcing, and defending against pre-marital agreements.

Prenuptial Agreements in Texas Defined

The Texas Family Code allows prospective spouses to enter into a prenuptial agreement prior to marriage. Prenuptial agreements are all unique, but generally, they will govern the division of property in the event of divorce, as well as the rights and obligations of spouses regarding the separate and marital property. Prenuptial agreements go into effect as soon as the parties legally married, but those who do not enter into a prenup before marriage can pursue a post-nuptial agreement as well.

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Ensuring Your Prenuptial Agreement is Enforceable

Texas has adopted the Uniform Premarital Agreement Act (UPAA), which sets the standards for a legally enforceable prenuptial agreement. To be enforceable in Texas, a prenup must be:

  • In writing;
  • Negotiated and signed in contemplation of the marriage;
  • Voluntarily entered into by both spouses; and
  • Conscionable, meaning it is not grossly unfair such that it would be against the interests of justice to enforce it.

Discussing Prenuptial Agreements with Your Spouse

Broaching the topic of a prenuptial agreement with your future spouse can be intimidating, but it is a conversation worth having for many couples. Often, a discussion about prenups can become part of a broader conversation concerning financial expectations during the marriage. A prenuptial agreement may prove vital in protecting your separate assets or future earnings, and can also prevent bitter disagreements over money and property in the unfortunate event you become divorced. Prenuptial agreements are particularly important for individuals with a substantial income or those who are on their second or third marriage.

An Austin marital agreement lawyer at Rachel Moyle Law, PLLC can help you with this sensitive and important matter. To learn how we can help you, call (512) 948-3688.

Post-Marital Agreement Texas

A post-marital or postnuptial agreement is made between spouses during marriage. Like pre-marital agreements, post-marital agreements allow spouses to define their property rights in a manner that is different from the rules in the Texas Family Code. A post-marital agreement must be in writing and signed by both parties. A post-marital agreement allows spouses to convert community property to separate property of one spouse. It can also define the rights and obligations of spouses and the disposition of property in the event of death or divorce.

If you are considering a pre-marital agreement, it is imperative that you consult with an experienced lawyer to discuss whether such an agreement is right for you and to ensure that the agreement is properly drafted.

What Makes a Postnuptial Agreement Binding in Texas?

In order to make a postnuptial agreement valid, you must fulfill the following requirements:

  • All agreements need to be in writing for a court to enforce it
  • The agreement must signed by both spouses without any signs of duress or any other factor that may have unfairly influenced the decision
  • Both parties must disclose financials or waive disclosure

If you have questions or concerns about your prenuptial or postnuptial agreement, or if you are interested in drafting an agreement or enforcing an agreement, call (512) 948-3688.

What Should a Prenup Include?

While a prenuptial agreement may include many things, here are some to check off your list:

Protect yourself from any debt that your spouse may have acquired without your knowledge
Set the groundwork for the amount and time frame for financial support
Heirlooms that are valuable to you may be protected, as well as any inheritances coming
A well executed prenup can keep the property rights of children from a previous marrage

Austin, Texas Prenuptial & Postnuptial Agreement Attorneys

Drafting Pre & Post Marital Agreements

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