Texas Postnuptial Agreements Do Not Signal Trust Issues

Texas Postnuptial Agreements Do Not Signal Trust Issues

By Frank Vendt |

You’ve no doubt heard about prenuptial agreements—agreements that outline premarital assets and that are made before a marriage. Postnuptial agreements, on the other hand, are entered into during the marriage and are often precipitated by major life changes. While these agreements are tainted by the perception that they indicate a trust issue within the marriage, this is not the case. Every marriage is different, and postnuptial agreements can provide couples with legal ballast to weather the storms that relationships inevitably encounter. A postnuptial agreement can help you and your spouse navigate major life changes with confidence that your legal affairs are in order.

As Your Marriage Evolves

Every relationship evolves, and marriage is no exception. Presumably, no one gets married with the goal of divorcing later. Sincere couples marry for love and are committed to working on their relationships and weathering the storms that will allow their marriages to grow and evolve. Couples, however, face many significant life changes during the course of their marriage:

  • Children
  • Grandchildren
  • Changed financial circumstances
  • Career advancement
  • Sudden windfalls
  • Starting family-based businesses

These life changes can naturally enrich your marriage. Some changes, however, are so dramatic that they can rock a marriage. Having a plan in place to deal with such changes do not undermine your marriage or your trust in one another. Instead, it can help stabilize your ability to survive as a couple.

Texas: A Community Property State

Texas is a community property state, which generally means that the property you acquire during your marriage belongs to both you and your spouse and that it must be divided equally if you divorce—while you are each allowed to maintain any property that you owned separately. Without a postnuptial agreement, it can be extremely difficult to divide community property equitably and agreeably if you do separate. Rather than indicating that you and your spouse lack trust, a postnuptial agreement can alleviate concerns about community property and allow you both to attend more fully to your marriage.

Your Postnuptial Agreement

When you marry, your relationship and life together seem set on a direct path to permanent happiness. As you have children (and even grandchildren), advance, alter, or reexamine your careers, and experience growing or diminishing wealth, your marriage will evolve. Many marriages are enriched by this continued evolution. Some marriages, however, don’t survive the strain. A postnuptial agreement allows couples to mitigate the stress and acrimony of divorce by providing a clear legal blueprint for property division (the number one sticking point—behind custody issues—in most divorces).

Consult With A Divorce Attorney In Katy, Texas

If you and your spouse are considering a postnuptial agreement, don’t let the perceived stigma bother you. You are taking an important step toward protecting both your marriage and your property, and you need experienced legal counsel. Attorney Frank J. Vendt of the Vendt Law Firm, P.L.L.C., is a skilled family law attorney with the commitment and knowledge to help you execute a legal document that addresses your needs and protects your assets. To schedule a consultation with Mr. Vendt, call our office today at (832) 276-9474 or email us through our online contact form.