Should I Consider Signing a Postnuptial Agreement?

 Posted on January 18,2024 in Family Law

Similar to a prenuptial agreement, a postnuptial agreement is a legal document signed by both spouses that describes how any of their marital property and assets would be divided if they get divorced in the future. While it can be beneficial for a couple to have a prenuptial agreement with everything worked out in advance, it is also understandable that many couples do not want to think about divorce when they have not even gotten married yet but are enjoying their engagement and planning their wedding. It is not too late for couples who never signed a prenuptial agreement due to emotional hesitation but feel that it might have been a good step once married. A Palo Pinto, TX family law attorney can walk you through drawing up a postnuptial agreement.

How Does a Postnuptial Agreement Impact a Texas Divorce?

Different states have different laws regarding the division of marital assets and property. The State of Texas, for example, follows a community property model. That means that when it is up to the courts, any property or assets a couple accumulated during their marriage will generally be divided equally between the two spouses in a divorce. However, if a couple signs a postnuptial agreement, they can decide how to divide their property and assets.

A postnuptial agreement includes everything that would have been included in a prenuptial agreement. The main difference between the two is the timing of when the document is signed. A postnuptial agreement covers topics such as:

• All marital property and assets, which are the assets with which either spouse came into the marriage, would not generally be divided in divorce but would remain that spouse’s exclusive property.
• Projections regarding how alimony/spousal support might be arranged, assuming both spouses’ financial situations remain the same.
• An explanation of which expenses each spouse is responsible for during the marriage.

As long as the stipulations in a postnuptial agreement seem fair, the couple can divide their assets however they see fit. If, however, it appears to the judge that either spouse signed it unwillingly or that it provides for an unfair or illegal division of assets, they can deem it unenforceable and nullify it.

Contact a Parker County, TX Postnuptial Agreement Attorney

If you are already married but think signing a prenup might have been wise, you still have time to sign a postnuptial agreement. An experienced Palo Pinto, TX family lawyer can ensure that it is as detailed and accurate as possible, thus ensuring that your rights and interests are protected. Call 817-599-6969 to speak with a knowledgeable lawyer at The Law Offices of Kary L. Key.