Should We Consider a Postnuptial Agreement in Texas?

 Posted on September 20,2024 in Family Law

When it comes to marriage, there are many aspects most people are familiar with: a couple generally exchanges vows and rings, they say "I do," and then someone else says: "you may not kiss the bride." Many marriages also include a prenuptial agreement that was signed before the wedding. What a lot of people do not realize is that even if you do not sign it "pre" (before) the "nuptial" (wedding), you still have an option as a couple to draft an agreement that outlines your financial situation, assets, property, obligations, and how you will divide everything if you ever get a divorce. This article will examine the Texas postnuptial agreement. If you and your spouse think this might be a good idea for you, contact a knowledgeable Bexar County, TX marriage lawyer to learn more.

Is a Postnuptial Agreement the Right Move for Us?

Postnuptial agreements are used by married couples in Texas for many reasons, even if they are not planning on getting divorced:

• Some couples appreciate how it can keep their individually owned property separate so it would not be included in a division of property in a hypothetical divorce. 
• Other couples use postnups to help them draft arrangements for an equitable settlement, including spousal support and designating beneficiaries for certain assets.
• Postnups can designate children from a previous marriage who will be granted some assets as an inheritance after a spouse's death.
• If either spouse started or bought a business, acquired valuable assets, or made significant financial gains, the couple might want a postnup to address this. 

Couples considering divorce who need more time to decide if the marriage is salvageable sometimes find it helpful to draft a postnup as well, as it protects their respective financial rights while they try to see if reconciliation is possible.

What Must a Texas Postnup Include?

By law, Texas courts will only consider a postnup valid in Texas if it meets certain legal requirements:

• It must be signed willingly, voluntarily, and without coercion by both spouses. 
• It must be in writing. Texas does not enforce verbal agreements. 
• The rights and obligations defined in the postnup must be reasonably understood by both spouses.

Contact a San Antonio, TX Postnuptial Agreement Lawyer

If you and your spouse never signed a prenup and now you wish you had, speak with an experienced Bexar County, TX family law attorney about a postnup. At Brandon Wong & Associates, we are dedicated to helping families and individuals understand and protect their rights and interests. Call us at 210-201-3832 so we can get started.