Pre & Postnuptial Marital Agreements Lawyer
When you enter a marriage, you’re hoping for a long, happy, and successful relationship. But during a life-changing event like marriage, it’s still crucial to protect your assets. Pre and postnuptial agreements are a normal and essential element to every marriage. As much as a marriage is about love, it’s also a binding legal contract.
We can prepare premarital agreements or postmarital agreements to help you thrive financially during your marriage. Set yourself up with a stable foundation by discussing money, property, and finances in your relationship.
The team at Albizu Law Firm is here to help you prepare a prenuptial or postnuptial agreement that lays out clear expectations. Call us at 512-883-9534 to discuss your needs with our marital agreements lawyers.
Table of Contents
Our Team Is Here For You
The immigration process is too important to navigate alone. Trust a professional at Albizu Law to help you move forward with confidence.
What is a Marital Agreement?
A marital agreement is a legally binding contract between future spouses (or current spouses, in the case of a postnuptial agreement) that specifies how financial matters are to be handled during the marriage. It also includes how assets are to be handled should the couple divorce or one spouse passes away. Under Texas law, marital agreements are legally enforceable when they meet specific legal requirements, use the appropriate language, and aren’t unduly unjust to one party.
People may wonder about when to choose postnuptial vs. prenuptial agreements, and it largely comes down to timing. These agreements serve similar purposes but differ in terms of timing and circumstances.
Types of Marital Agreements: Postnuptial vs. Prenuptial Agreements
The marital agreements lawyers at Albizua Law Firm handle both postnuptial and prenuptial agreements. Which one you create depends on whether you are already married or still engaged.
If you are engaged but not yet legally married, you’ll look at creating a prenuptial agreement. This contract is drafted and signed before marriage. Couples may choose to create a prenuptial agreement to:
- Protect assets acquired by either party prior to the marriage
- Clarify responsibility for debts
- Specify how business interests and family wealth are to be handled in the marriage
- Outline expectations for property division in the event of a divorce
- Specify amount and duration of spousal support to be paid in the event of a divorce.
While many people can benefit from the clarity a prenuptial agreement can provide, they are especially common when one or both parties have significant wealth, assets, or income going into a marriage. Prenuptial agreements can also be used to protect children from previous relationships and their share of their parent’s estate.
A postnuptial agreement is one signed after the marriage has already taken place. Couples may choose to create a postnuptial agreement to:
- Address significant changes in financial circumstances
- Specify how an inheritance or new business is to be handled should the couple divorce
- Clarify financial expectations that may not have been communicated prior to marriage
Postnuptial agreements may also be used to address marital concerns that have left one party feeling unsafe or unstable. For example, if one party hides funds, spends marital funds, or accrues debt gambling, the other partner may require a postnuptial agreement that protects them from their partner’s financial choices. This may allow a couple to stay married while still working through their issues. Postnuptial agreements may also provide security after infidelity when one partner needs extra protection before staying. A marital agreements lawyer can help with proper setup and phrasing of a postnup.
Request A Consultation Today!
What Can a Marital Agreement Cover?
When it comes to discussing postnuptial vs. prenuptial agreements, one factor is the same: what these agreements can and cannot cover. Marital agreements can address a variety of financial issues, including:
- Division of assets and debts
- Responsibility for debts
- Management of business interests
- Management of income acquired during the marriage
- Financial arrangements in the event of a divorce or one partner’s death
It’s important to note that these agreements do have limits, which is why it’s important to work with a marital agreements lawyer throughout this process. For example, you cannot make agreements regarding child custody and child support in a prenup or postnup. These decisions must be made with the best interests of the child in mind, and neither parent can sign away their child’s rights in that way. Your marital agreements lawyer can advise you on the legality of any clauses you want to include.
Legal Requirements for Valid Marital Agreements
In Texas, prenuptial and postnuptial agreements must meet certain requirements to be legally enforceable. Full financial disclosure is required and there must be no coercion or fraud. The agreement cannot be so unfair as to leave either party destitute in the event of a divorce. While parties are allowed to define how property and debts will be handled, the terms must comply with Texas public policy. The agreement itself should be in writing, signed by both parties, and notarized, per Texas law.
Why You Should Choose Albizu Law Firm and Our Marital Agreements Lawyers
At Albizu Law Firm, our marital agreements lawyers understand how important it is to protect your best interests and finances, whether you’re already married or preparing for marriage. We’re committed to helping you draft an agreement that safeguards your assets and sets your marriage up for clear, transparent communication. Schedule a time to meet with our marital agreements lawyers now by calling us or contacting us online.