Pre & Post Marital
Agreements

What is a Pre-Marital Agreement or Post-Marital Agreement?

In Texas, pre-marital and post-marital agreements (also called “pre-nuptial” and “post-nuptial” agreements) are legal documents that establish the financial and property rights of each spouse in the event of a divorce. These agreements help establish the separate property each spouse owns before marriage and may define the division of assets and liabilities, as well as spousal support, in the event of divorce.

Prenuptial Agreements

Prenuptial agreements or premarital Agreements are commonly referred to as “prenups.” A premarital agreement is a legal agreement that you and your intended spouse enter into before getting married. These agreements outline the division of property, assets, and potential spousal support in the event of a divorce.

For a prenuptial agreement to be enforceable in Texas, it must be in writing and signed by both parties. It is also essential that the agreement is entered into voluntarily, without coercion, and with full financial disclosure by both parties. Additionally, the terms of the agreement must not be unconscionable or against public policy. Prenuptial agreements can address various financial matters, including the division of property and debts, the handling of separate property, the management of business interests, and the waiving or establishing of spousal support.

Postnuptial Agreements

Postnuptial agreements, also known as post-marital agreements, are like prenuptial agreements but are entered into after the marriage has taken place. In Texas, postnuptial agreements must meet similar requirements as prenuptial agreements to be considered valid and enforceable. This includes being in writing, signed by both parties, and entered into voluntarily with full financial disclosure. Postnuptial agreements can be used to address various issues, such as the division of property and debts acquired during the marriage, the management of financial assets, and the establishment of financial responsibilities in the case of divorce.

Both prenuptial and postnuptial agreements can provide couples with a sense of financial security and certainty by allowing them to establish their own rules for property division and spousal support, rather than relying on the default rules provided by Texas law. They can also be invaluable in documenting what separate property each spouse owned before marriage. As more people choose digital account statements over traditional paper account statements from their financial institutions, it has become increasingly difficult to prove the amount of assets that existed on the date of marriage. Many financial institutions no longer provide records older than 5-7 years.

It is essential for couples to consult with separate legal counsel to ensure that your interests are fully represented and that the marital agreement complies with the specific requirements outlined by Texas law.

Contact an Experienced Austin Premarital & Post-marital Agreement Attorney Today

Sara E. Saltmarsh, Attorney at Law, specializes in prenuptial and postnuptial agreements and can offer you the support and guidance you need. Contact us today at (512) 476-1588 to schedule a consultation and let us assist you in developing your prenuptial or post-nuptial agreement.

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