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Guidance With Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements are used to determine how marital property division, alimony and other issues will be decided in the event of a future divorce. A prenuptial agreement is entered into before marriage, and a postnuptial agreement is one that is created after marriage.
We are the Law Offices of Jesse White, a family law firm with offices in Houston and San Antonio, Texas. If you think that you may need a premarital or postnuptial agreement, we offer a free initial consultation to answer your questions.
When Are Prenuptial and Postnuptial Agreements Needed?
Prenuptial agreements are often used in second marriages to protect the property rights of children from the prior marriage. These agreements are also used by anyone who has significant assets they want to protect.
Under Texas law, you and your future spouse can agree to anything as long as it does not interfere with the best interests of your children or violate a statute imposing a criminal penalty. For example, you cannot agree not to seek child support or assent to a certain child custody arrangement. However, you can specify what assets will be separate property and which will be community property. You can also agree not to pay alimony or to determine the amount in advance.
You can do all of the same things with a postnuptial agreement that you can with a prenuptial agreement. The only difference is that you enter into the agreement after you are married.
Are Prenuptial and Postnuptial Agreements Enforceable?
Certain criteria must to be met before a prenuptial or postnuptial agreement is enforceable in Texas. For example:
Legal representation: You must let your spouse know that he or she has the right to consult an attorney before signing the agreement. As your lawyer, I can't advise your spouse. I can represent only you.
Disclosure: You must make a complete accounting of your assets to your spouse, or your spouse must waive his or her right to full disclosure.
A Lawyer-Client Relationship Based on Trust
To discuss prenuptial or postnuptial agreements with an experienced family law attorney, call 210-852-2090 today or fill out the contact form on this Web site. Your initial consultation is free