Texas Family Law Attorney Handling Post-Marriage Prenups
Most couples think about prenups, or prenuptial agreements, when they consider executing an agreement on property division and alimony should they divorce in the future. A prenuptial agreement, often referred to as a premarital agreement in Texas, is an agreement that is signed and approved before the wedding.
Similarly, a postmarital agreement is an agreement spouses agree to after the wedding. However, postmarital agreements cover many of the same topics that are decided in a typical premarital agreement.
The two most common issues settled in a Texas postmarital agreement are property division and spousal support, which is the legal term for alimony in Texas. Couples can also decide on assignment of debts that are incurred during the marriage.
Postmarital Agreements Must be Fair
Postmarital or premarital agreements that are so one-sided are usually not enforceable in Texas. Judges refer to these unfair agreements as “unconscionable.” Unconscionability is not the only reason that a postmarital agreement in Texas might be unenforceable.
For instance, spouses are entitled to a reasonable and fair disclosure of the other spouse’s property and finances before signing the agreement. Not knowing the full extent of your spouse’s wealth could put you at a disadvantage when coming to an agreement. Additionally, spouses must be free from duress or coercion when signing a legally enforceable postmarital agreement in Texas.
Postmarital Agreements Are Not Only for the Wealthy
As with premarital agreements, there is a widely held belief that only rich couples need postmarital agreements. That’s simply not true. Any spouse with assets–no matter how few–can make good use of a postmarital agreement. If you should ever divorce your spouse, coming to an agreement on property division and spousal support before your relationship gets contentious can make the divorce process and post-divorce life better.
If you’re in need of legal advice, contact Tycha Kimbrough at Kimbrough Legal, PLLC today.
