Prenuptial & Postnuptial Agreements

Prenuptial Agreements

Prenuptial agreement are legal contracts entered into by prospective spouses before they get married. These agreements are for everyone and not exclusive to the wealthy.  Prenuptial agreements may not be as romantic or sexy as planning a wedding or honeymoon, but it they can bring you and your soon to be spouse closer together by having conversations about your future goals and expectations for your marriage.  By choosing to enter into a prenuptial agreement couples have the opportunity to begin building a strong foundation for their marriage and that is romantic and sexy.

Prenuptial agreements can outline how assets, debts, and other financial matters will be handled during the marriage and in the event of a divorce or death.  Prenuptial agreements are an effective way to protect your individual separate property acquired prior to marriage and those acquired by you in the future.  They are also useful to help avoid potential disputes in the future.  Prenuptial agreements can also modify the way Texas community property laws are handled during a divorce.

It is important use an experience and qualified to draft your prenuptial agreement and to discuss what happens to separate and community property in the event of divorce or death.  An attorney will discuss with you what your goals are for your prenuptial agreement, what can and cannot be included in the terms of your prenuptial agreement, and enforceability of a prenuptial agreement.

Postnuptial Agreements

Postnuptial agreements, also called partition and exchange agreements, are entered into while the parties are married.  There are a variety of reasons couples enter into postnuptial agreements and often do not have to do with divorce.  Postnuptial agreements typically have similar goals as a premarital agreement, in that they are a method to establish and confirm a party’s separate property or to convert community property into separate property or vice versa.  These agreements change the way property that is handled upon divorce or death. A postnuptial agreement cannot be entered into unless the spouses are in actual agreement.  Where issues arise concerning these agreements is when the couple divorces and the validity of the agreement is challenged, which is why it is important to work with an experienced attorney when drafting these agreements. 

Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your postnuptial agreement questions.