Prenuptial and Postnuptial Agreements in Texas

Prenuptial and postnuptial agreements are legally binding documents that are executed by couples that address how assets and debts will be divided in the event of divorce.  These documents can also address divorce terms related to spousal support, property transfer, and other financial matters. 

The purpose of these agreements is to allow for parties to establish their expectations early on should divorce ever occur.  Couples will not only save time and money, but this avenue provides them with the opportunity to determine how their property will be divided without court intervention.

What Is the Difference Between a Prenuptial Agreement and a Postnuptial Agreement?

While both a prenuptial and postnuptial agreements function to address how couples will divide their property in the event of divorce, there is a slight difference between the two agreements.  The primary difference is centered upon the timing of when the documents are executed.

A prenuptial agreement is executed prior to the marriage.  Prenuptial agreements, when executed properly, will ensure that the property you owned prior to marriage and acquire during the marriage are protected.  When you come into a marriage with a significant amount of assets that you earned on your own, it’s understandable that you want to protect yourself and your assets.  A prenuptial agreement can accomplish this goal.  

A postnuptial agreement is executed during the marriage.  At this time, the parties may have had a change in their financial circumstances and want to restructure their ownership rights and expectations regarding property that has been acquired during the marriage.  In Texas, property acquired during the marriage is presumed to be community property.  A post-nuptial agreement provides a mechanism for couples to accomplish the same goals addressed in a prenuptial agreement. 

What Are the Requirements for a Prenuptial and Postnuptial Agreement?

In order to be enforceable, prenuptial and post-nuptial agreements must be executed properly.  The agreements must be in writing, must be signed by both spouses voluntarily, and each party must make a fair disclosure of their assets and liabilities prior to signing the agreement.  

Failure to properly disclose your debts and assets may result in the court rendering that the agreement is void and unenforceable. 

The provisions of your marital agreement must not violate public policy or and can’t be illegal.  If children are involved, terms related to child support cannot be enforced.  

What Can Be Addressed in a Prenuptial and Post-nuptial Agreement?

A prenuptial and post-nuptial agreement may be used to decide a number of issues in the event of divorce such as:

• The terms of spousal support
• The protection of separate property
• The elimination of future community property acquired in the marriage
• The distribution of debts to the appropriate spouse to avoid the sharing of liability

Generally, these agreements may not address matters concerning child support or custody of children as the Court makes these determinations based on the best interests of the child. 

Protect Your Interests by Contacting an Experienced Prenuptial and Post-nuptial Agreement Houston Attorney

If you are looking for assistance with your marital agreements, our skillful Houston attorneys are here to guide you.  We are committed to ensuring that your interests are protected and that your agreement will be enforceable when needed. Contact the Quander Law Firm at (832) 930-7139 to schedule your consultation.