Texas Prenuptial & Postnuptial Agreements
A Texas Postnuptial or Prenuptial Agreement Lawyer Can Help You Set a Strong Foundation for Marriage
Texas prenuptial agreements, also called premarital agreements, can help you and your partner start your married life together on a firm footing. Prenuptial agreements provide couples with an opportunity to engage in important discussions about their expectations and aspirations for their marriage.
Prenuptial agreements are not exclusive to high-net-worth and high-asset couples; they are for everyone who has worked hard to achieve what they have in life.
When thinking about marriage, many couples will use a prenuptial agreement in Texas to address issues that are important to them:
- “What will happen to my property after I marry?”
- “How can I protect my business just in case we divorce?”
- “How do I protect my separate property?”
- “How can I have certainty in the event of a divorce?”
Prenuptial agreements offer couples a practical way of outlining the assets they bring into the marriage and establish methods for managing these assets if the marriage ends due to death or divorce. However, you should always use a qualified prenuptial agreement lawyer when drafting the agreement. A prenuptial agreements lawyer can help you determine what property created in the marriage is community property and what property can be considered separate property.
With Goranson Bain Ausley, an experienced prenuptial agreements lawyer in Austin, Dallas, Fort Worth, Granbury, Midland, Plano, or San Antonio is available to answer any questions you may have about marital agreements. Our prenuptial agreement lawyers will work hard to ensure that you and your spouse reach an agreement that is fair for both parties.
Video Resources on Prenuptial & Postnuptial Agreements
What Defines a Modern Premarital Agreement?
Partner Aimee Pingenot Key explains the benefits of a modern premarital agreement.
Do I Need a Premarital Agreement in Texas?
Attorney Kathryn J. Murphy shares information about whether a premarital agreement is right for you and your future spouse.
Prenuptial & Postnuptial Agreement FAQs
What Is a Prenuptial Agreement?
Prenuptial agreements, or premarital agreements, are binding legal documents created between two people before marriage. Prenuptial agreements can range from simply listing each partner’s premarital property to comprehensively redefining property rights, including dissolving community estates and outlining terms for potential divorce or death scenarios. A prenup agreement in Texas is primarily intended to change the way the state’s community property laws affect the couple. Modifying the law affects the financial elements of a potential divorce and has significant implications for estate planning.
What Is a Postnuptial Agreement?
During their marriage, spouses may want to establish specific guidelines to manage the assets and debts they have acquired together. A postnuptial agreement in Texas, sometimes called a post-marital or partition and exchange agreement, allows spouses to legally adjust their financial arrangements after marriage.
Additionally, a Texas postnuptial agreement defines legally binding terms regarding the division of assets and debts in the event of a divorce. This means that a postnuptial agreement eliminates the doubts and uncertainties associated with a divorce by streamlining the process and lowering expenses. One consideration for anyone who’s thinking about getting a postnuptial agreement is to consult with a lawyer and find out what happens if you don’t have one.
What Is a Marital Property Agreement?
A marital property agreement establishes each person’s rights to marital property in the event of a divorce. Prior to marriage, you may choose to create a premarital agreement in Texas, also referred to as a prenuptial agreement. Once married, you can opt for a Texas postnuptial agreement, which may also be called a partition and exchange agreement or post-marital agreement. Texas law allows spouses to modify how their assets are defined, either as community or separate property, by entering into a marital property agreement. A marital property agreement can be established either prior to getting married, with the help of a prenuptial agreement lawyer, or at any point during the marriage. However, for a pre- or post-marital agreement in Texas to be valid, it must be documented in writing and signed by both parties. This agreement allows spouses to modify the Texas community property system in the following ways:
- Convert community property into separate property by partitioning and exchanging community property between spouses. For example, if the parties accumulated $100,000 in an account during the marriage, then the $100,000 is community property, and each party owns an interest in that property. At the time of a divorce, the $100,000 is subject to being divided between the spouses by the court. In a marital property agreement, the spouses can agree to divide the $100,000 so that each spouse owns $50,000 of the account as their separate property. In this situation, at the time of divorce, the $50,000 owned by each spouse will not be subject to being divided by the court but rather will be confirmed as the separate property of each spouse.
- Convert income that is derived from community property to separate property. For example, if a spouse owned a retirement account prior to marriage, then all income that flows from this account during the marriage is community property and is subject to being divided at the time of divorce. In a marital property agreement, the spouses can agree that all of the income from the separate-property retirement account is also to be that spouse’s separate property. In this situation, none of the retirement accounts will be subject to division by the court at the time of divorce; rather, the entire retirement account will be confirmed as the separate property of the spouse owning the account before marriage.
In summary, having a prenuptial agreement attorney help you and your spouse create a well-written marital property agreement will allow you both to define your individual property rights and eliminate any uncertainty about those rights during your marriage. At the same time, working with a prenup attorney on a marital property agreement will establish in clear terms how property will be divided in the event of a divorce.
Why Are Marital Property Agreements Important?
Marital agreements that clearly define separate property and community property, like prenuptial agreements and postnuptial agreements, help eliminate many of the stressors associated with finances, which helps provide a clearer and stronger foundation for a successful marriage. These marital agreements are for anyone who wishes to establish their own guidelines, different from standard Texas laws, for handling marital property and its division upon divorce or death. However, doing so can be complicated, and it’s always recommended that you work with a prenup agreement lawyer when drafting these documents.
Do You Need a Prenuptial or Postnuptial Agreement?
It could be that you are unsure whether a prenuptial, postnuptial, or other marital property agreement is right for you and your future spouse. Or you might have received an agreement to review and would like clear legal advice. Or perhaps you’re considering divorce and would like to examine the enforceability of your existing agreement. Whatever your question about this area of family law may be, Goranson Bain Ausley’s experienced lawyers for prenuptial agreements are here to help. A prenuptial lawyer from our firm can provide you with the clarity and guidance you need.
The goal of a prenuptial agreement attorney is first to listen to your story. We want to know your goals, concerns, and expectations for the future. A prenup lawyer can also answer your questions about marital agreements, including:
- What is and is not included in a prenup?
- What should you consider before signing a prenup?
- How have prenup agreements changed? What is a modern prenup?
- Are prenups enforceable?
- When is it a good idea for a married couple to have a postnuptial agreement?
- Do you need a family lawyer to draft a marital agreement?
- What is a Collaborative prenup?
- How do courts determine the fairness of a marital property agreement?
Hire a Local Attorney for a Prenuptial Agreement in Austin, Dallas, Plano, San Antonio, Fort Worth, Granbury, or Midland
At Goranson Bain Ausley, our attorneys are well-versed in Texas prenuptial agreement law and have drafted and reviewed numerous prenuptial and postnuptial agreements for Texas couples. When you need a prenup lawyer in Austin, Dallas, Fort Worth, Granbury, Midland, Plano, or San Antonio, our law firm can advise you on the advantages and disadvantages of entering into a marital property agreement and help you make an informed decision about whether this is the right step for you and your future or current spouse to take. If you’re searching for a prenuptial or postnuptial agreement lawyer near you and you live in Texas, then contact us today: Our prenuptial agreement lawyers would be glad to assist you.
Awards & Credentials
- Thomas P. Goranson 1997
- Thomas L. Ausley 1997
- Diana S. Friedman 1998
- Thomas A. Greenwald 2003
- Kathryn J. Murphy 2004
- Eric Robertson 2007
- Kelly Ausley-Flores 2009
- Kristal Thomson 2014
- Aimee Pingenot Key 2015
- Kristen A. Algert 2017
- P. Lindley Bain 2020
- Ryan R. Bauerle 2022
- Lindsey Obenhaus 2023
- Charla Davies
- Hayley Collins Blair 2021 2018
- Lindsey Obenhaus 2024 2023 2022 2021
- Katie Flowers Samler 2020 2019 2018
- Kathryn J. Murphy 2024 2023 2020 2019 2018 2017 2010 2009 2008
- Aimee Pingenot Key 2024 2020 2019 2017
- Thomas A. Greenwald 2022 2018 2012 2011 2009 2008
- Paula Larsen 2018 2017 2016 2015 2014 2013 2012 2011 2010 2008
- Diana S. Friedman 2017 2016 2015 2013
- Angeline Lindley Bain 2015 2014 2013 2012 2011 2009 2008
- Thomas P. Goranson 2011 2009 2008
- Beth E. Maultsby 2010
- Thomas L. Ausley 1980
- Thomas P. Goranson 1980
- Gary L. Nickelson 1984
- Paula Larsen 1985
- Angeline Lindley Bain 1993
- Kathryn J. Murphy 1995
- Diana S. Friedman 1996
- Kristen A. Algert 1997
- Thomas A. Greenwald 1997
- Eric Robertson 1997
- Kelly Ausley-Flores 2000
- Curtis W. Harrison 2002
- Cindy V. Tisdale 2003
- Jeff Shore 2006
- Clint Westhoff 2006
- Jeff Domen 2009
- Kristal Thomson 2009
- Angel J. Berbarie 2010
- P. Lindley Bain 2012
- Aimee Pingenot Key 2012
- Kevin Davidson 2017
- Charla Davies 2017
- Rob Frazer 2018
- Ryan R. Bauerle 2018
- Hayley Collins Blair 2019
- Lindsey Obenhaus 2019
- Katie Flowers Samler 2019
- Jonathan James 2020
- Chris Nickelson 2021
- Chandler Rice Winslow 2023
- Kristiana Butler 2024
- Cassidy Pearson 2024
- Angelica Rolong Cormier 2024