Austin Postnuptial Agreements Lawyer

Postnuptial agreements—or postmarital agreements—are similar to prenuptial agreements except that the couple is already married when they enter a postnuptial agreement. Although many couples enter into postnuptial agreements when they are contemplating divorce, they are useful in many different circumstances.

Couples who intend to stay together can resolve many issues through a marital agreement. Speak with an Austin postnuptial agreement lawyer about whether a postnuptial agreement could help you.

Postnuptial Agreements Are Versatile

Postnuptial agreements are enforceable contracts that married couples make with each other. They can serve various purposes, depending on the couple’s specific circumstances. 

Amend a Prenuptial Agreement

When the couple has a prenuptial agreement that is outdated or has become unfair, they can make a postnuptial agreement that supersedes their earlier agreement.

Resolve Property Division Before Filing for Divorce

Many couples use a postnuptial agreement to resolve property division issues in anticipation of a divorce. Texas Family Code § 4.102 allows a couple to transfer property that would otherwise be considered community property to one spouse through written agreements. Creating an enforceable postnuptial agreement can reduce legal fees and prevent delays when a couple dissolves their marriage.

Respond to Changing Circumstances

When a couple’s life changes, their financial expectations of each other might need to be adapted. For example, perhaps one spouse started a successful business during the marriage, or a couple decides after the birth of a child that it is better for one parent to give up their career and stay home. If the couple divorces or one spouse dies, the laws in Texas might produce an undesirable result. Post-nuptial agreements can address these issues and ensure both spouses are protected.

Protect Children of Prior Relationships

Issues regarding marital and individual property can be challenging when one or both spouses have children from prior relationships. The couple can use a post-nuptial agreement to designate certain money or property as separate property, earmarked for the children the couple does not share. Couples also could use a postnuptial agreement to bind the other to provide for vulnerable relatives like parents or siblings.

Insulate a Spouse from the Other’s Liabilities

When one spouse has an interest in a partnership or business that exposes them to personal liability, a post-nuptial agreement can at least partially protect the other spouse from risk. In addition, a spouse could seek a post-nuptial agreement to protect themselves from liability, for example, from a spouse’s gambling debts.

Punish Marital Misconduct

Sometimes a couple uses a postnuptial agreement to establish expectations around marital misconduct. An agreement for this purpose might state that a spouse owes the other a certain percentage of marital property or cash payment if they have an affair.

No matter the reason for the document, an Austin attorney could evaluate a couple’s needs and help draft a postnuptial agreement.

Can You Include Child Support?

You cannot include child support when creating a postmarital agreement. If you decide to include it, it won’t be enforceable. Instead, you will have to go through the family court system to get a child support order after ending a marriage. Learn more about what you can and cannot include by consulting with an Austin postmarital agreement lawyer. Your postnuptial agreements lawyer in Austin can go through the document step-by-step so you understand what it can entail.

When Is a Postmarital Agreement Unenforceable?

If you try to create a postmarital agreement yourself, it might end up being unenforceable. First, the court will throw out the agreement if it deems it unconscionable. For instance, if one spouse is unable to work but still agrees to give everything away, the court will determine that the agreement is unreasonable and thus unenforceable.

Additionally, the court can strike the agreement if it was signed under duress or if fraud was committed. These are just some reasons that an agreement can be unenforceable, so get legal help. Our Austin postnuptial agreement attorney could help you create a document that can stand up in court.

Discuss a Postnuptial Agreement With an Austin Attorney

A postnuptial agreement can resolve many concerns that might arise in a marriage. However, creating an enforceable postnuptial agreement requires a skilled attorney.

An Austin postnuptial agreements lawyer could draft an agreement that meets your needs. If your spouse’s attorney has already produced a document, one of our lawyers could review it, ensure you understand its terms, and suggest revisions, if necessary. Contact us today to get started.