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Many people have heard of a prenuptial agreement. Prenups protect your property before your marriage. You may wonder what to do if you are already married but want an agreement that protects your premarital separate property the same way. The answer is a postnuptial agreement.
Like a prenup, a postnuptial or postmarital agreement determines how certain property will be divided or distributed in the event of a divorce. A postnuptial agreement can also amend a prenuptial agreement if circumstances have changed, to reflect new property or changed conditions. If you are considering this kind of arrangement, a San Antonio postnuptial agreement lawyer could help you create a valid document. Our marital agreements attorneys are tech-savvy and experienced in marriage and divorce law, and could help you create a legally sound contract that meets your needs as a couple.
Although Texas is considered a community property state, it does not divide marital property 50/50 like some states. Instead, courts use a just and right standard to divide property. In some cases, this can result in spouses going through a long and costly court battle to keep property they want during a divorce.
A postnuptial agreement can let spouses transfer property that the courts would consider community property to one spouse before a divorce (Texas Family Code § 4.102). For instance, if the spouses agree early in their marriage that one will keep the boat and the other will keep the RV, they can make that clear in a postnuptial agreement with help from a San Antonio attorney long before any divorce agreement.
Like prenups, postnuptial agreements must be in writing and signed by both parties. A postnuptial agreement cannot include any provision for child support or conservatorship, and it may not include any illegal provision or violate any state or federal law. The agreement must also:
Any terms that tend to encourage divorce are not permitted. For instance, a clause that guarantees one spouse a large lump sum of cash upon divorce can be seen as encouraging the end of the marriage.
In general, clauses that regulate personal behaviors, chores, or other matters are not permitted. However, one exception is made for marital misconduct. Spouses are permitted to include penalty clauses for infidelity, substance abuse, or gambling. The theory is that couples may be more likely to work to preserve a marriage if these clauses exist and can be enforced.
Crafting a valid postnuptial agreement takes a good knowledge of the Texas legal system and an understanding of what spouses want from their agreement. At Kimbrough Family Law , our San Antonio attorneys take the time to talk to both spouses about what they expect from their postnuptial agreement before we begin drafting their documents.
A postnuptial agreement can resolve many issues in your marriage. It could ease the stress of a divorce and possibly prevent a divorce from happening. If you think that a postnuptial agreement is for you, contact a San Antonio postnuptial agreement lawyer at Kimbrough Family Law . We have extensive experience in writing clear, unambiguous agreements for our clients and ensuring that everyone understands what they are signing. If you need a postnuptial agreement reviewed before you sign, we will gladly give you our legal guidance. Call us today for a consultation.
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