Texas Prenuptial and Postnuptial Agreements
Texas is a community property state, which means that the property that you acquire during marriage generally belongs to both of you and must be divided in a divorce. In a Texas divorce, a court will divide community property according to a complicated and subjective process. The effect is meant to be a just and right division of community property rather than a fifty-fifty split. In some cases, couples want to keep the courts out of it and decide how their property will be divided in the event of a divorce. When this is the case, they can entice into a prenuptial or postnuptial agreement.
A prenuptial agreement, or “prenup,” delineates the rights and responsibilities of each spouse in case of divorce. If the prenuptial agreement is legal and doesn’t violate public policy, nearly any stipulation can be included. There are several factors that are commonly addressed in a prenup:
- How community property will be distributed;
- Who owns what;
- How death benefits will be handled in the event of death;
- Who will receive spousal support and the amount of that support;
- How inheritances to children from previous marriages will be handled;
- How premarital debt will be dealt with.
People often have strong opinions about prenups, but a prenup can be a useful legal
A postnuptial agreement, or “postnup,” is executed during the marriage. A postnup usually delineates the same parameters as a prenup. Such a document can transform community property into separate property and vice versa.
When professionally rendered, both prenups and postnups are generally honored by Texas courts if certain protocols are followed:
- The agreement is in writing and is signed by both parties;
- The agreement was voluntarily entered into by both parties, and both parties were legally entitled to do so at signing;
- Both parties’ assets were adequately disclosed; and
- The agreement is legal and doesn’t violate Texas public policy.
If you think a prenuptial or postnuptial agreement is right for you, consult with an experienced Texas divorce attorney. If you have assets that you need to protect, skilled legal counsel will ensure that your agreement works for you.
Consult with a Divorce Lawyer in Richmond, Texas
If you are considering a Texas prenup or postnup, it’s in your best interest to consult with a skilled Richmond Texas divorce attorney. Your attorney will help you execute a legal document that protects your assets. Attorney Frank J. Vendt of The Vendt Law Firm, P.L.L.C.is committed to protecting your assets and your rights. To schedule a consultation with Mr. Vendt, call our office today at (832) 276-9474 or send us an email through our online contact form.