Postnuptial Agreement Texas

Post Nuptial Texas

Post Nuptial Agreement In TX

A postnuptial agreement is an agreement on how community property will be managed during the marriage and how assets will be divided in the event of a divorce. Both spouses have to negotiate and agree on all terms of the agreement and sign it. Without each party participating voluntarily, the agreement may not be enforceable.

Is A Postnuptial Agreement Enforceable In Texas?

Post Marital Agreement Texas

Texas laws indicate that both premarital and marital agreements are enforceable. But that doesn’t mean that you cannot challenge an agreement that looks valid. You can do this by providing proof that the agreement was not signed voluntarily but the Texas family code is not clear on what “voluntarily” means.

Many courts have defined the word ”voluntarily” as without duress and undue influence. The court will consider the circumstances and the mental effect the agreement had on the complaining spouse to determine whether that spouse signed the agreement voluntarily. The agreement could also be unenforceable because it was unconscionable at the time the parties signed it.  You have to prove the following to show that the marital agreement was unconscionable:

  • You did not receive a fair and reasonable disclosure of the properties and financial obligations of your spouse
  • You could not have had full knowledge of the property and finances of your spouse
  • You did not waive your rights to receive more disclosure than the disclosure that was provided

But just because you think that your postnuptial agreement is not good is not enough for the court to relieve you of its terms.  If it was drafted in the right way and reasonable disclosure was made, you have no choice but to stick to the terms of the agreement.

Should You Enter A Postnuptial Agreement?

Texas Postnuptial Agreements Attorney

Postnuptial Agreement TexasPostnuptial agreements are often seen as a tool for the following:

Asset protection: You can protect your assets from creditors using a postnuptial agreement if your partner has many debts and you do not have any.  That means that your spouse’s creditors cannot collect your assets if your spouse fails to pay them.

Reduce suspicion: People with plenty of assets or wealth are always wary that the people they married may only be interested in their assets. They use the postnuptial agreement to give them peace of mind and also to protect their marriages.

Insulation from risk: A postnuptial agreement can be used by couples to protect assets when one spouse decides to venture into a new business opportunity.  So, the postnuptial agreement protects the other spouse in case the business investment fails.

What Are The Elements Of A Postnuptial Agreement

Partition And Exchange Agreement Texas Form

Some of the issues that come up when couples are drafting a postnuptial agreement include:

Management of finances during the marriage

  • Methods to be used to divide property if you decide to divorce
  • The amount of spousal maintenance to be paid after the divorce
  • The party that will pay marital debts after divorce
  • Property each party will control during the marriage

Contesting a marital agreement is a fact-intensive and complex task. Before signing a prenuptial or postnuptial agreement, anyone who needs counsel should speak with an experienced family law attorney.  Ideally, each party should have their own lawyer when drafting this agreement to avoid any future disputes. Get in touch with a trusted lawyer if you have some questions regarding a postnuptial agreement.

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