Pre/Post Marital Agreements
Pre/Post Marital Agreements
Premarital and Post-Marital Agreements Attorneys in Frisco, Texas (TX)
Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas, Rockwall, Kaufman, Johnson and Cooke.
Premarital and Post-Marital Agreements in Texas
Before entering into a marriage, it is important for both parties to understand the potential financial risks they may face once they are married. Fortunately, premarital and post-marital agreements can help you mitigate those risks.
If you are interested in drafting a premarital or post-marital agreement in Texas, contact Grinke Stewart Law, PLLC, today. We can help you create a document that meets all your needs. We also offer guidance and legal services to parties presented with premarital and post-marital agreements. Contact our office to find out how we can assist you.
Premarital Agreements in Texas
A premarital agreement (also known as a “prenuptial agreement” or “prenup”) is a document executed by two people prior to marriage. A prenup identifies each party’s assets and debts. Additionally, prenups outline the provisions the parties will be contractually bound by in the event of divorce, including how their property will be classified and divided.
The terms of a prenup can directly contradict how a party’s assets and debts would typically be classified under Texas law. For example, without a prenup, Texas community property law states that income from employment earned during the marriage belongs to both spouses, not just the spouse who earned the income. Conversely, with a prenup, spouses can agree to classify the income a spouse earns during the marriage as that spouse’s separate property.
Prenups can also outline what happens to each spouse in the event of divorce. A party can agree, for instance, to pay alimony to his or her spouse in the event of divorce, even if the spouse would not qualify to receive alimony/spousal maintenance under the Texas Family Code.
Post-Marital Agreements in Texas
A post-marital agreement is a document the spouses will execute after they have married. This agreement is used to verify that the parties still intend to adhere to the terms of their premarital agreement now that they are married.
Spouses can also execute a post-marital agreement to determine how their property will be divided in the event of divorce. One reason couples might choose to do this is if one of the spouses inherits a large estate from a relative. A post-marital agreement can make it clear that the inheritance is not community property to be divided between the spouses, should they divorce.
Frequently Asked Questions About Premarital and Post-Marital Agreements
When clients come to us for services related to premarital and post-marital agreements, they usually have numerous questions. Below are some of the questions we often hear, as well as the answers we provide to our clients.
Does a prenup have to be in writing?
Yes. Texas law requires that a prenup be in writing and signed by both parties before their wedding. While you should thoroughly discuss the terms of your premarital agreement with your partner, any oral agreements need to be committed to writing in the prenup document.
What are some reasons I might want a prenup?
Premarital agreements are about protection of the spouses and their family in the event of divorce. Some common reasons that couples choose to create these agreements include:
- One or both partners have real or personal property they want to remain separate;
- One or both partners have significant debt they do not want their spouse to share;
- One or both partners have estates they want to secure;
- One or both partners want to arrange for alimony;
- One of both partners have a new business and want to protect investments.
This is not an exhaustive list, as every case is different.
Are there things I cannot include in a prenup?
Yes. For instance, you cannot place limitations on child support or make decisions as to custody in a premarital agreement. These decisions must be made in the best interests of the child, which must be determined at the time of divorce.
Can I challenge a prenup I signed?
Perhaps. These agreements are presumed valid, but there are certain situations in which a spouse will not be held to the terms of a premarital agreement. This can include arguments that the premarital agreement was signed involuntarily or that the agreement is unconscionable. If the spouse signed the document under duress or without adequate time for consideration, his or her signature might be considered involuntary.
If the agreement does not contain a full and fair disclosure of debts and assets and does not voluntarily waive disclosure outside the document, it could be considered unconscionable. The spouse challenging the agreement will also need to show that he or she did not know and could not know about the other spouse’s debts and assets. It is not easy to invalidate a premarital agreement, but an experienced lawyer, like those at Grinke Stewart Law, can help you understand if that’s an option for you.
Do I need a post-marital agreement if I already have a prenup?
Not necessarily. If your premarital agreement was properly executed, a post-marital agreement is not required. However, it is a good way to confirm the terms of the prenup.
Contact Grinke Stewart Law, PLLC for a Consultation
Premarital and post-marital agreements can be an important step in protecting your finances and security. Whether you have been asked to sign a prenup, want to have your spouse sign one, or just want to learn more about it, contact us to talk about your options and how we can help achieve your goals. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter or click here to schedule a consultation with one of our attorneys.
