Most assets and debts acquired during a marriage are considered community property. Thus, if you divorce, the court will divide the property between you and the other party. Unfortunately, that’s not always fair. For instance, you might have come into a large inheritance or have a thriving business that you don’t want to lose if your marriage ends. Fortunately, you can create a postnuptial agreement to protect your assets and shield yourself from debt.
This is referred to as a postmarital agreement in Texas and is similar to a prenuptial agreement. As with a prenup, you have to meet the legal requirements when creating the document in order for it to be enforceable.
Thus, consult with our Austin postnuptial agreement lawyer today to go over your options. Then, your attorney can help you create a fair, legally binding agreement.
Deciding to create a postnuptial agreement is a personal one. However, some common reasons include:
These are far from the only reasons to create a document. You can learn more by consulting with an Austin postmarital agreement lawyer.
Your Austin postmarital agreement lawyer will go over everything you can include when creating the document. First, you can use the agreement to determine how you’ll divide property if you divorce. This includes who will have the right to sell, transfer, and manage the property. Also, if you have a family business, you can outline how it will be managed if your marriage ends.
Additionally, you can decide how you’ll distribute property to children conceived outside of your marriage. You can even cover spousal support in the agreement. For instance, you can waive the right to support or put a limit on the amount, as long as both parties agree.
These are just some of the financial matters you can include in your agreement. Consult with an attorney to learn more about how a postmarital agreement can protect you.
Your spouse has to agree to the terms of the postnuptial agreement for it to be valid and enforceable. Thus, it’s important to discuss the issue with your spouse before going to a lawyer.
First, you can discuss that an agreement doesn’t mean you expect your marriage to end. In fact, these agreements are beneficial when one spouse passes away, as well. Since all marriages end due to divorce or death, creating a document that protects both parties’ interests makes sense.
Additionally, a postmarital agreement will provide you and your spouse with peace of mind. With financial matters settled, you can focus on your marriage. Many couples discover these documents make it easier to relax and enjoy spending time with their spouses.
If your spouse still has questions, contact an Austin postnuptial agreement lawyer for a consultation. The attorney can explain the document in detail and answer questions. Then, if your spouse agrees, your lawyer can draft the agreement for you.
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. Also, the court can strike the agreement if it was signed under duress or fraud was committed. These are just some reasons that an agreement can be unenforceable, so get legal help. Our Austin postnuptial agreement lawyer will help you create a document that can stand up in court.
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 attorney can go through the document step-by-step so you’ll understand what it can entail.
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