Texas Family Law Specialist
When you get married, any assets you acquire throughout the course of the marriage can be considered community property. In the event of a divorce, your spouse may have a claim to these assets when it comes time to divide them. If there are some assets that you or your family does not want your spouse to have access to, such as a family business, a postnuptial agreement can be created to protect those assets.
In Texas, both prenuptial and postnuptial agreements are legal contracts that allow couples to establish guidelines and arrangements for property division, asset protection, spousal support, and other matters in the event of a divorce or separation. However, there are key differences between the two. For these reasons, consulting with a League City Postmarital Agreements Attorney is often prudent. The primary difference is that prenups are written before a marriage and postnups are written during a marriage.
Texas Family Code Sec. 4.102 allows “at any time, the spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner.”
There are several benefits to using a Texas postnuptial agreement, also known as a postmarital agreement. Here are some potential advantages:
Asset Protection: A postnuptial agreement allows couples to outline the division of assets and debts acquired during the marriage. It can help protect separate property and clarify ownership rights, preventing disputes and potential conflicts in the event of divorce or separation.
Financial Planning: A postnuptial agreement can establish financial expectations and obligations during the marriage, addressing matters such as spousal support, division of retirement accounts, or allocation of debts. This can provide clarity and alleviate potential financial stress in the future.
Addressing Changes in Circumstances: Life circumstances can change during the course of a marriage. A postnuptial agreement provides a means to address these changes, such as career advancements, inheritance, or starting a business, and establish how these factors will be treated in the event of divorce or separation.
Conflict Resolution: A postnuptial agreement can serve as a tool to address and resolve conflicts or disagreements that may have arisen during the marriage. It provides an opportunity for open communication and negotiation, fostering understanding and potential resolution of sensitive issues.
Protecting Family Interests: A postnuptial agreement can help protect the interests of children from previous relationships, preserving inheritance rights and assets for their benefit. It can outline provisions for child support, custody, and visitation rights, ensuring the well-being and stability of the children in case of divorce or separation.
Peace of Mind: Having a postnuptial agreement in place can provide peace of mind for both spouses. It establishes a clear framework for property division and financial matters, reducing uncertainty and potential disputes, which can lead to a more amicable and efficient resolution if the marriage ends.
It’s important to note that postnuptial agreements must comply with Texas law and be fair and reasonable at the time of execution. A dispute over the validity of a postnuptial agreement usually comes in the context of a divorce action where one spouse argues the prior division of property (the postnup agreement itself) should be thrown out and regular community property laws should apply instead. Thus, whether the agreement is enforceable can result in a huge financial victory in favor of the prevailing party. The original intent of the postnuptial agreement is being challenged in a contested divorce, and regardless of which side of the dispute you’re on…. the stakes are almost always substantial and dwarf the cost of the litigation itself. In League City, Rob Musemeche is Board Certified in Family Law by the Texas Board of Legal Specialization, an arm of the State Bar of Texas. Board Certification in Family Law means that Rob’s family law specialization distinguishes him among the very top one (1) percent of all 110,000 lawyers licensed to practice law in the state of Texas. When money matters, those are good odds.
Texas Family Code Section 4.105 states that a postnuptial agreement (also known as a partition agreement) is not enforceable if the party against whom enforcement is requested proves that:
(1) the party did not sign the agreement voluntarily; or
(2) the agreement was unconscionable when it was signed and, before execution of the agreement, that party:
(A) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(C) did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.
Consulting with a qualified League City Postnuptial Agreement Lawyer like Rob Musemeche is crucial to ensure that the Postnup agreement meets legal requirements and effectively addresses your specific needs and circumstances. The Musemeche Law Firm is in Webster, Texas, in the Clear Lake (League City) area between Houston and Galveston. To schedule a confidential consultation with Attorney Rob Musemeche and our team, call (281) 475-4145. Our friendly staff is available to answer your questions, address your concerns, and help you take the first step towards a resolution. You can also reach us by filling out the quick and easy contact form located from the CONTACT US drop down tab, and also found throughout the website. We look forward to hearing from you, and having the chance to provide you with the trusted legal representation you need.
Remember, when it comes to family law matters, having the right attorney by your side can make all the difference. Trusted since 1988, Rob Musemeche is your steadfast advocate in the courtroom and beyond.