At The Tholstrup Law Firm, L.P., our Houston family law attorney has extensive knowledge and experience in negotiating, drafting, and finalizing sound prenuptial and postnuptial contracts according to Texas legal standards. If you wish to ensure that your contract will hold up in court, we recommend that you work with our firm for precision of language and peace of mind.
What Are the Advantages of a Prenuptial Agreement?
Prenuptial and postnuptial agreements have become more common for couples in Texas and throughout the U.S. Their growing popularity is not without good cause. As people marry later with more assets and half of all marriages end in divorce, creating a prenuptial agreement can be a smart way to protect your rights and provide clarity to financial and property arrangements in the event of divorce or death.
Benefits of Prenuptial & Postnuptial Agreements
- They can help to avoid the expense of potential future divorce litigation over marital property division and/or alimony rights
- Provide protection against debt liability
- Protect high-asset or high-income individuals
- Ensure inheritances and other financial provisions are made for children from previous marriages or relationships
- They bring all property and financial information out into the open between the parties due to a full disclosure of the facts in the agreement.
Need to discuss your situation in regard to a prenuptial or postnuptial agreement in Houston, TX? Contact Tholstrup Law Firm, L.P. via our request form. Your initial consultation is free.
Prenuptial agreements are contracts made between couples prior to marriage that spell out asset/ property rights and obligations during the marriage and should the marriage end. They become effective once the wedding has taken place.
What Is in a Prenuptial Agreement?
- Each party’s rights and obligations regarding property during the marriage. This can include all aspects of managing or controlling a property, including selling, buying, leasing, mortgaging, exchanging, and more.
- How property will be divided in the event of divorce or the death of either party.
- Whether alimony will be provided and its terms.
- How life insurance death benefits will be allocated.
- How debts will be divided or handled during the marriage or in the event of divorce/death.
- How a family business will be handled during the marriage or in the event of divorce/death.
- What laws will be used to interpret or determine the agreement should a dispute arise.
- Any other financial, property, or inheritance matter that applies to the couple.
What Are the Legal Requirements?
In order to be enforceable, prenuptial agreements must be voluntary, contain full disclosure of property, assets, and liabilities, and be devoid of any “unconscionable” terms. Prenuptial contracts must be signed prior to the marriage. Both parties should seek separate legal advice prior to signing so that they fully understand the terms and conditions in the contract.
Clauses regarding child support and child custody cannot be included in a prenup or postnuptial agreement.
Can I Get a Postnuptial Agreement?
Yes, the state of Texas does allow for post nuptial agreements. These contracts are similar to prenups and provide the same benefits and clauses, but they become effective after the marriage. To get a postnuptial agreement certain requirements must be adhered to. This can include that it is a written contract that is entered into and signed voluntarily by both spouses. Additionally, both spouses must provide all information on their assets.
If you have questions or would like to create such a contract, please contact our Houston postnuptial agreement lawyer for a consultation.
Skilled Legal Assistance from Our Houston Prenuptial/Postnuptial Agreement Lawyer
To make sure your postnuptial or prenuptial contract is fully in line with Texas legal guidelines, we strongly urge that you turn to our Houston firm for experienced legal counsel. We have advised and guided countless Texas individuals through the process of drafting such agreements and are committed to providing the competent representation you need to move forward.