Prenuptial and Marital Property Agreements

Whether you are about to get married or have a reason to enter a property agreement with your current spouse, our team can help you determine if a marital property agreement is right for you.

What Is a Prenuptial or Post-Marital Agreement?

Marriage is an exciting time filled with plans for celebration with family and friends. However, marriage often raises the question, “Do we need a prenuptial agreement?”

A prenuptial, or premarital, agreement is a legally binding written contract between two people who intend to get married. The agreement usually outlines property rights between the spouses. The agreement can also address debts, spousal support, and rights to property upon divorce or death of one spouse. Texas law similarly allows two people who are already married to enter what we call a post-marital property agreement.

Should I Sign Prenuptial or Post-Marital Agreement?

A premarital agreement can be a good idea for many couples. Texas law favors the enforcement of these agreements, so making the decision to sign an agreement is a serious decision. Some common reasons we see for these agreements are:

This is a second or subsequent marriage

There is a business, especially a business with other partners

The marriage is happening later in life

One or both spouses will bring substantial assets into the marriage

A spouse wishes to protect their children’s inheritance

Our team of legal experts strive to understand your individual situation, listen to your concerns, and determine if a prenuptial or post-marital agreement is right for you. We will negotiate the agreement on your behalf and will work to ensure that any agreements you enter follow the requirements of Texas law.

Dealing with a Property Agreement in a Divorce

Texas law strongly favors enforcing prenuptial and post-marital agreements. Even if you and your spouse have a prenuptial agreement, the existence of that agreement may still impact a divorce. There are legitimate legal reasons to oppose enforcement of some agreements. In some instances, one spouse may simply regret the decision to sign the agreement years ago. Our experienced attorneys understand the issues affecting the enforcement of prenuptial agreements. We can guide you through the process of handling such an agreement during your divorce

If you are considering marriage or are contemplating a divorce, you should speak with an experienced family lawyer about your property agreements. Call our office today to schedule your initial client consultation.