Postnuptial Agreement Lawyer
Marriage doesn’t mean that your financial planning stops. In some marriages, spouses reach a point where they want to clarify property rights, protect separate assets, or legally update a long-standing marital agreement. Or maybe you never did it in the first place, and you decided to take matters into your own hands instead of relying on the government to split assets how you’d like in the case of divorce.
A postnuptial agreement can help put these expectations into writing and may protect family assets and reduce uncertainty about how property and debts will be handled.
At Albizu Law Firm, we draft postnuptial agreements that safeguard the financial interests of married couples and provide financial clarity for the future. If you’re wondering if a postnuptial agreement could be beneficial for your marriage, it’s time to talk to a postnuptial agreement lawyer.
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Postnuptial agreements can affect your property rights and financial future. Trust an experienced family law attorney at Albizu Law Firm to help you understand your options and prepare an agreement tailored to your circumstances.
What is a Postnuptial Agreement?
A postnuptial agreement is a written legal agreement that spouses enter into after they are already married. It’s also known as a post-marital agreement, marital property agreement, or partition and exchange agreement.
Spouses may transfer property to one spouse to make it separate property or specifically agree as to which assets are considered separate property. Spouses may use this tool to clarify ownership of financial assets, such as real estate, investment accounts, or inherited funds. A postnuptial agreement can also specify responsibility for certain debts and how future income will be treated.
Prenuptial vs. Postnuptial Agreement
While prenuptial agreements are signed before marriage, postnuptial agreements are signed after. However, these agreements are fairly similar. Both may address property ownership, rights to certain assets, and debt division in the event of a divorce.
Postnuptial agreements can be more complex; Once a couple is married, their property can become commingled. A married couple may have community property together, share debts, commingle assets, or depend on each other financially. Drafting a postnuptial agreement in this situation requires full disclosure on both sides, careful and thorough drafting, and voluntary consent.
When a Post-Marital Agreement May Make Sense
There are several situations where a postnuptial agreement may make sense. Spouses may use this solely to clarify that separate property will remain as separate property. They can also use postnuptial agreements to reclassify community property, clarify responsibility for debts, and create outlines for future income and asset growth.
Couples may also go this route if one spouse receives a gift, inheritance, or family asset that they want to protect. A postnuptial agreement clarifying that the gift is one spouse’s separate property may provide peace of mind.
A postnuptial agreement can also be a compromise for a couple working through marital conflict. In this situation, the agreement may provide financial protection while the couple works through issues. If a specific issue brought a couple near the point of divorce, a postnuptial agreement may allow them to protect themselves by including language regarding the division of assets after infidelity or financial infidelity.
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What a Texas Postnuptial Agreement Can Cover
Texas postnuptial agreements can address numerous property and financial issues between spouses. They can use this time to identify separate property, divide community property, address income sources from separate property, assign responsibility for specific debts, or outline rights in real estate and investment funds.
A postnuptial agreement may also cover how property will be characterized if the couple divorces. This can reduce the time and money spent on fighting and negotiating should a divorce ever occur.
What a Postnuptial Agreement Cannot Include
Although a postnuptial agreement can address many of the most important topics couples may disagree over, it cannot cover everything. Texas courts still have authority over child-related issues, including custody and child support. Regardless of what an agreement says, the court can still make decisions based on the child’s best interests.
A postnuptial agreement cannot be upheld in court if it’s unconscionable. If a spouse challenges the postnuptial agreement because they did not receive fair, reasonable, or accurate disclosure of the other party’s finances, it may be considered unconscionable by the court. That is why the process of drafting a postnuptial agreement is as important as the language included in it.
How Our Family Law Attorneys Handle Postnuptial Agreements
At Albizu Law Firm, our family law attorneys strive to help married couples understand what a postnuptial agreement can and cannot do under Texas law. We’ll listen carefully to your goals for the agreement, ensure fair and transparent financial disclosure, and tailor an agreement to your actual financial circumstances. We will also provide a thorough review of your real estate, retirement accounts, business interests, inherited property, and debts.
At every step of the way, our family law attorney for postnuptial agreements will help you understand what we’re doing, what it means for you, and what your options are moving forward.
Contact a Postnuptial Agreement Lawyer From Albizu Law Firm
If you’re ready to discuss how a postnuptial agreement could protect your family’s future and clarify important issues in your marriage, let’s talk. Call Albizu Law Firm at 512-861-5638 or schedule your consultation online.
