Marriage is a partnership – both in a legal sense and in day to day life. The strongest marriages endure when spouses partner up to face life’s major decisions together.
Many marriage partnerships thrive when each spouse brings their perspective, values, and experience to the table. The spouses listen to one another, share information openly, and combine their respective strengths to make better decisions than either could reach alone.
In a marriage, spouses bring more than just their experience, personalities, and tastes to the table. They also bring their own financial and familial histories. One or both spouses may have significant assets, debts to manage, children from past relationships, or other factors that affect – and are affected by – marriage.
A prenuptial or premarital agreement helps these prospective spouses craft a shared future. It answers important questions, like how the spouses will divide assets and debts if they later decide to end the marriage. If one or both spouses have children, the premarital agreement can help protect assets meant for them if one spouse passes away or the spouses later divorce.
The team at the Law Offices of Jason Wright can help you create a valid Texas prenuptial agreement. Reach out to our experienced Williamson County prenuptial agreement attorneys today to learn more.
A prenuptial agreement contains instructions for potential future events. Specifically, it outlines what will happen if the soon-to-be spouses later divorce or if one spouse passes away.
In Texas, married couples are not required to have a prenuptial agreement. A couple who divorces without such an agreement, however, must follow the default rules provided in Texas law for divorce.
These default rules include guidelines for dividing property. Texas is a “community property” state. Nearly all property the couple acquires during the marriage will be considered community property, subject to division between the spouses during a divorce. The spouses have limited options for deciding which community property stays with each spouse.
In a premarital agreement, however, the spouses have more freedom to specify how they want to split up property. For example, the premarital agreement can identify “separate” property, which remains with the spouse who owns it after a divorce.
Each person entering a marriage has a unique life and life history. For this reason, Texas law allows for flexibility in the terms of premarital agreements. You and your soon-to-be spouse can include terms as needed to ensure the agreement reflects your situation.
Common topics addressed in Texas premarital agreements include:
There are limits to prenuptial agreements. For example, a prenuptial agreement cannot:
A prenuptial agreement is a legal contract. The prospective spouses making the agreement are bound by its terms once the marriage takes place. Because the agreement is legally binding, it’s important to work with an experienced Williamson County premarital agreement attorney to ensure the agreement is valid, honors your legal rights, and contains the terms you need and expect.
All couples can benefit from honest conversations when entering a marriage. Not all couples want or need a prenuptial agreement, but many can benefit.
You may find a prenuptial agreement helpful if:
Like any contract, a premarital agreement must meet the requirements for a valid contract under Texas law. In addition, a court will examine a prenuptial agreement to ensure that:
Divorce can be a challenging process. Losing a spouse can be overwhelming. Discovering at these crucial times that your prenuptial agreement is invalid is an extra blow when you’re already overwhelmed.
To avoid it, work with an experienced Williamson County family law attorney with knowledge of pre-and post-nuptial agreements. Your soon-to-be spouse should choose an attorney as well. You, your spouse, and your respective lawyers can work together to ensure everyone’s rights are protected, and the resulting document accurately and legally reflects your shared vision.
A “prenuptial” agreement is so named because it is made before a marriage occurs. Prenuptial agreements are not valid until the marriage takes place, even if they’re signed in advance.
By definition, a couple who is already married cannot make a “prenuptial” agreement. However, a married couple can enter a “postnuptial” agreement” – an agreement made after the marriage occurs. These agreements are valid when they are signed.
Apart from the name, premarital and postmarital agreements are often similar. Both types of agreement can address issues related to property division, inheritance, and what to do in the event of a divorce or the death of a spouse.
Both pre- and post-marital agreements offer the benefit of a structured process for spouses to work together: sharing information, having honest conversations, and crafting an agreement that lays out their plans and expectations. The communication fostered by the post-marital agreement process may even help to strengthen the partnership moving forward.
Like a premarital agreement, a postmarital agreement must conform to Texas’s legal requirements. These include containing the elements of a valid contract. Spouses must share relevant information openly and understand essential details. They must each sign the agreement freely, without coercion or duress. No term of the postnuptial agreement can violate Texas law or public policy.
Spouses making a post-marital agreement can benefit from each hiring their own attorney. The respective attorneys will each take the perspective of the spouse they represent, thinking through their client’s specific legal perspective while negotiating for a valid, organized result.
Preparing for marriage is exciting – and sometimes stressful. A premarital agreement can reduce stress by fostering communication and providing clear expectations for the future.
At the Law Offices of Jason Wright, we’re dedicated to helping new families build clear, open communication for a shared future. Attorney Jason Wright applies his knowledge and experience to the practical questions surrounding pre- and postmarital agreements. To learn more, contact our office online or by calling 512-884-1221 to schedule a confidential consultation.
“Jason is very professional and friendly. He patiently explained everything as many times as I needed and made the law easier to understand. Gave great advice and listened to all of my suggestions walking me through if they would work or not.”
Jami L
To get in touch with us, give us a call at 512-884-1221 or submit the form below. We are committed to zealously working to find the solution that is best for you and your family.