Killeen Marital Agreements Lawyer

Marriage is a legal and financial relationship, not just an emotional and spiritual commitment, and sometimes that comes with the need to be practical. Prenuptial and postnuptial agreements could help you formalize your financial expectations in marriage if you are about to be married or have been married for some time.

If you are contemplating marriage or divorce, or want to clarify specific financial issues with your spouse, a Killeen marital agreements lawyer could help. At Kimbrough Legal, PLLC, our family law attorneys could guide you with confidence through negotiating, drafting, and implementing your prenuptial or postnuptial arrangement to meet your goals.

Understanding the Basics of Marital Agreements

There are two types of marital agreements, with the main difference being when they are signed. A prenuptial agreement (prenup) is signed before marriage and takes effect at the time of marriage. A postnuptial agreement (postnup) is signed after you are married and takes effect immediately or on a date chosen by you and your spouse.

Texas is a community property state, so both spouses have equal rights to all property acquired during the marriage, regardless of who paid for it or holds the title. Property that you or your spouse owned before marriage is usually considered separate property, but your spouse could potentially gain an interest in your property, depending on how it is managed during your marriage. Most couples divorcing in a community property state divide their holdings evenly.

If you prefer to handle your property differently, you could create a marital agreement outlining how you and your spouse intend to manage financial and other matters during your marriage and upon divorce or death. Our experienced marriage contract attorneys in Killeen could offer advice and draft a prenuptial or postnuptial agreement that reflects your wishes.

What Issues Can You Address in a Marital Agreement?

Marital agreements can clarify that one spouse is the sole owner of a specified property, as well as address future spousal maintenance if the marriage ends in divorce. They can also designate specific property to an heir upon the death of one spouse, which can be a critical provision if you have or your spouse has children from prior relationships.

A prenup or postnup can discuss how marital property will be divided and address the formation of a trust or other vehicle to implement the provisions of the agreement. However, issues regarding child custody or child support cannot be decided in a marital contract. These decisions must be determined in court based on the children’s best interests at the date of separation. Our lawyers in Killeen could help you determine which issues you and your spouse wish to address in your marital contract.

Postnuptial Agreements

A couple may create a postnuptial agreement in response to a specific issue that arises in the marriage or in anticipation of separation or divorce. Additionally, a postnup can be drawn up to replace a prenup, as prenups can only be revoked in writing or if replaced by a postnuptial contract.

Meet Requirements to Ensure the Agreement is Enforceable

Texas Family Code § 4.006 defines the enforceability of prenuptial agreements, and courts apply the same standards to postnuptial agreements. To be enforceable, marital agreements must be in writing and signed by both parties. You and your spouse must disclose your assets and debts, freely consent to the agreement, and have a reasonable opportunity to seek an independent attorney’s advice before signing.

Having your own legal counsel is critical to explain the ramifications of the agreement. A marital agreement lawyer from our firm in Killeen could help you negotiate and draft a prenup or postnup, or review an existing document on behalf of you or your partner.

Consult a Killeen Attorney Before Entering a Marital Agreement

Marital agreements offer couples more control over their finances, but they also involve relinquishing some rights. Work with a Killeen marital agreements lawyer at Kimbrough Legal, PLLC, to ensure you understand what you and your spouse are giving up and gaining to ensure a fair and beneficial agreement. Contact us today to get started.