Prenuptial And Postnuptial AgreementsWhen a marriage ends in divorce in Texas, all property, financial assets and debt acquired as a married couple will be subject to classification as marital property and subject to valuation for equitable distribution and litigation. Show
Very Few Exceptions To The Marital Property Rule In TexasThe only property that will not be subject to marital property laws will be assets protected by a prenuptial agreement signed before the wedding, or a postnuptial agreement signed by both spouses after the date of marriage. If you are considering marriage and wish to protect certain assets from possible classification as marital property in the event of divorce, it is critical to have a valid prenuptial agreement in place many months before the date of the marriage. There are certain conditions that must be considered to make sure prenuptial agreements are airtight, including:
Second MarriagesPrenuptial agreements are particularly important for couples getting remarried, especially if there are children from a previous marriage. Agreements can be written to ensure that certain property from a previous marriage will be passed down to the control of the biological children for both spouses. This often eliminates the worry about litigation from stepchildren who may claim an inheritance as marital property. Call To Learn MoreTo learn more about the importance of prenuptial and postnuptial agreements to protect separate property, call me, attorney Rebecca Anne Gonzalez, in San Antonio, Texas. I can be reached by email or by calling 210-888-9836 or toll free at 800-823-6321. Like the general population, military service members or their spouses, face marriage breakdowns. Military personnel often spend significant amounts of time apart from their partners and the time apart sometimes erodes their marriage commitment. Active duty can also be a source of stress and the stress frequently finds its way home, taking its toll on the marital relationship. While no one wants to contemplate divorce before marriage, it is wise to put a prenuptial agreement in place that protects your rights. Today, many military and civilian couples are creating a prenuptial agreement before marrying. Texas Laws Regarding Prenuptial And Postnuptial AgreementsWhether you are in a military or civilian marriage, your prenuptial or marital agreement is subject to and must conform with requirements specified in Chapter 4 of the Texas Family Code, called “Premarital and Marital Property Agreements.” A prenuptial or premarital agreement (also referred to as a prenup) is an agreement made between prospective spouses in contemplation of marriage that is effective upon the marriage date. A premarital agreement addresses property, which means an interest in real or personal property, whether it is “present or future, legal or contingent, vested or contingent.” Prenuptial agreements must be in writing and both parties must agree to the contract. Texas family law statutes allow the agreement to address the following:
You cannot use a prenuptial agreement to determine child support. What Factors Make A Prenuptial Agreement Unenforceable?Prenups must be signed voluntarily by both parties and are unenforceable when the prenup is unconscionable, meaning it is grossly unfair. It is unfair when there is no reasonable disclosure of property or financial obligations and the other party has not waived disclosure. It is also unfair when the other party had no reasonable way of knowing about the undisclosed property or financial obligations. Contact An Experienced Prenuptial Agreement LawyerFor additional information about prenuptial and postnuptial agreements or to discuss a specific issue with an experienced prenuptial agreement lawyer, call our San Antonio family law firm at (210) 308-6448 or you may use the quick Contact form to send us an inquiry. Peace of mind comes from knowing you have a competent attorney who always acts in your best interest — Jamie Graham & Associates, PLLC A prenuptial agreement, often referred to as a prenup or premarital agreement, is a complicated document. In order for it to be prepared correctly, an attorney must carefully review a variety of information pertaining to assets, including deeds, investment information and much more. It is also a misunderstood document. Yes, it offers protection of individual assets in case of a divorce. It also protects each spouse from the other’s debts in case of divorce. Additionally, it offers protection of assets even if there is no divorce. At the law firm of attorney Mysti Murphy, we put more than two decades of experience to work in creating carefully customized prenuptial agreements. To learn more about prenuptial agreements, call us at 210-807-8227 to schedule a consultation. You can also contact us by e-mail. Offering Carefully Customized Prenuptial AgreementsEvery individual is different. Every couple is different. Likewise, every prenuptial agreement should be different. Each should be customized to meet the needs of the people entering into it. We only create prenuptial agreements after carefully reviewing all necessary information pertaining to the assets involved. Additionally, we take the time to listen to the needs of the parties involved. We take pride in creating prenuptial agreements that are designed to achieve your goals. Call for a Consultation With a Texas Marital Agreement LawyerContact us today to discuss prenuptial agreements with an experienced lawyer serving people in San Antonio and the surrounding parts of Texas. Weekend and evening hours are available by appointment. Credit cards are accepted. How much does a prenuptial agreement cost in Texas?Although it can vary from lawyer to lawyer, in Texas, a prenuptial agreement costs an average of $1200. And to be most effective, a prenup should just be a part of an estate planning package – a will or trust, a living will, and powers of attorney. Those documents cost an average of $1,500.
Can I write my own prenup in Texas?Texas only requires that to be enforceable a premarital agreement must be written and signed by both parties (Texas Family Code § 4.002). The same applies to a postnup, referred to in Texas law as a partition and exchange agreement (Texas Family Code §4.104).
Do prenups hold up in Texas?Do Prenups Hold Up in Texas? As long as your prenup meets the requirements of Texas state law, it will be enforceable in court.
Can I draft my own prenuptial agreement?The UPAA (California's Uniform Premarital Agreement Act) outlines the abilities and restrictions of prenups in this state. The law allows couples in California to draft their own prenuptial agreements. However, if they aren't completed correctly, the contract can easily become void or invalidated by a judge.
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