San Antonio Marital Agreements Lawyer

A San Antonio marital agreements lawyer works with legal contracts that couples enter either before or during marriage. Many people refer to these as prenuptial and postnuptial agreements. These contracts guide how the specific issues should be resolved in the event of divorce or the death of either spouse.

Marital agreements help remove the uncertainty surrounding future possibilities, which may ultimately strengthen a marriage. Before entering a marital agreement, it is important to have a thorough understanding of your rights, which calls for skilled legal guidance from trusted family law attorneys, such as our team at Kimbrough Legal, PLLC.

What Is the Distinction Between Premarital and Postmarital Agreements?

The primary difference between premarital and postmarital arrangements in San Antonio relates to when a lawyer creates them and how they are executed. Premarital agreements are drafted before the wedding and become legally binding once a couple is married. If a couple does not marry, however, the premarital agreement does not go into effect.

Postmarital agreements are created after a couple is legally wed and become legally binding when both spouses sign the contract. Both agreements can be modified or revoked at any point. To do so, however, both spouses must agree on the matter, and each should retain their own family law attorney.

Key Legal Requirements For a Marital Contract

For a marital agreement to be legally binding, several requirements must be met. Our team ensures each contract:

• Is in writing and signed by each party, because the state does not recognize oral agreements
• Is entered into voluntarily, meaning neither party was pressured or coerced into signing
• Includes a transparent and honest snapshot of each party’s assets, income, and debts
• Does not contain terms that violate public policy, such as limiting conservatorship rights or child support payments

The agreement must also be fair to begin with. Any terms deemed unreasonable or unfair can potentially void the entire pre- or postnuptial contract, so working closely with a San Antonio attorney is always in your best interest.

Terms Addressed in a Marital Contract

The terms a lawyer will address in San Antonio marital contracts generally focus on future finances. This can include the division of marital property as well as spousal maintenance, which is detailed in section eight of the Texas Family Code § 8 and also called spousal support.

The Division of Marital Property

The state considers marital property to be all the assets that you and your spouse acquire during your marriage. In a divorce, these assets must be divided in a manner that is considered just and right for both of you within your unique circumstances. A legally binding marital agreement can define this division ahead of time and provide a better understanding of what divorce might mean financially.

Spousal Maintenance

Spousal maintenance applies only under highly specific circumstances, including the divorce leaving one spouse unable to meet their financial needs. While you may be unable to count on this support in the event of divorce, addressing the matter in a marital agreement can resolve this issue.

Call an Attorney in San Antonio for Assistance With Your Marriage Contract

A dedicated San Antonio marital agreements lawyer at Kimbrough Legal, PLLC, appreciates the important role that a prenuptial or postnuptial arrangement can play in your marriage. We are committed to protecting your rights as well as ensuring that your marital contract accurately addresses your concerns. Learn more about what we could do to help you by contacting us online or calling our attorneys today.