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pre-& post-marriage agreements Archives

Preparing a pre- or postnuptial agreement

Since Texas is a community property state, a married person might be held responsible for debts incurred during the marriage even if they are in the name of the other spouse. Therefore, the couple may want to consider creating a pre- or postnuptial agreement. Both types of documents may also specify how assets and liabilities will be divided in the event of divorce. These can be particularly useful to protect one spouse if the other one is bringing debts into a relationship or is prone to running up debts. However, these agreements need to be prepared carefully so that their legitimacy is not questioned in court. Postnups may be the focus of particular scrutiny since there could be more coercion around signing one.

Prenups to protect inheritances

Texas parents who are concerned about protecting the inheritance that they want to give their adult children who have not yet married should speak with them about signing a prenuptial agreement. The legal document allows their child and the child's prospective spouse to legally stipulate before they get married what will be each party's property rights should the marriage end.

Getting a prenup

Texas couples who plan to get married in the future many want to consider completing a prenuptialagreement. Prenups are not just for couples who have significant wealth or who have financial disparities. They are legal contracts that provide a way for all couples to be completely open about their financial status before they get married.

When to get a prenuptial agreement in Texas

Before a couple gets married, they can determine how issues will be decided if they end up getting a divorce. While most people don't want to consider the end of a marriage before it has begun, a prenuptial agreement can allow a couple to determine issues that would normally come up in a divorce. These agreements can cover everything from asset division to spousal support.

The importance of prenuptial agreements

Premarital agreements are not exclusive to just high net worth couples. Texans with modest assets may have good reasons to create financial agreements before they get married. Prenuptial agreements can be valuable to those who own a business with other people, who have children from a previous marriage or who expect to inherit a large amount of money in the future.

Who benefits from pre-& post-marriage agreements?

No Texas couple goes into their marriage with the expectation that it will end in divorce. However, there is nothing wrong with putting protections into place for a possible future event. There are many financial and practical reasons why pre-& post-marriage agreements can be beneficial, and we can explain if you should consider any of these legal protections.