In Texas, couples can enter into agreements which affect the characterization of their property. They can make these agreements prior to marriage or even during the marriage. There are specific presumptions regarding a couple’s property in Texas, as well as particular exceptions. Therefore, a primary reason for such an agreement is to define what is shared property, and what remains an individual’s property. A court cannot deprive a person of his or her own separate property.
A prenuptial agreement is a contract that a couple completes before entering into marriage. It must be in writing, and both parties must sign it. The agreement serves to streamline the division of property in the event of divorce. Because of the importance of the document, you need to hire an experienced Dallas/Fort Worth prenuptial agreement lawyer to ensure the agreement’s validity.
Under the Texas Family Code, a prenuptial agreement may address the following:
- The characterization of personal property
- The right to sell, divide, mortgage, and dispose of property
- The modification or elimination of spousal support/alimony
- The right to receive or allocate life insurance benefits
- The making of a will or trust to carry out the agreement
Marital Agreements (Postnuptial)
Sometimes couples who are already married desire to specify their financial and property rights in the event of divorce. In these cases, they can draft a postnuptial (marital) agreement to legally carry out those desires. A postnuptial agreement can be made for a variety of reasons, commonly including:
- Protecting against liability for financial risks or investments by another spouse
- Ensuring that one spouse with significant debt remains responsible for the debt
Pre/Post Nuptial Attorneys in Dallas/Fort Worth
These agreements can be useful tools for couples, allowing them to add a layer of protection in case of a divorce or other unforeseen event. It is therefore important for an experienced family lawyer to properly draft these documents to ensure that they are enforceable in court. Problems can, and do, arise when one spouse challenges the validity of an agreement. Our lawyers are experienced in drafting such agreements and reinforcing their validity. Contact us today at (817) 887-9158 for a free consultation.