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Prenuptial agreements or premarital agreements can help you and your partner to start your life together on a firm footing. Prenuptial agreements allow couples to have crucial conversations in a secure environment, where they can discuss their expectations and clarify their goals as a married couple.
Prenuptial agreements are not exclusive to high-net-worth and high-asset couples; they are for anyone who has worked hard to achieve what they have in life. When thinking about marriage, many couples use prenuptial agreements to address issues that are important to them, such as: 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 provide prospective spouses with a framework for identifying the property they bring into the marriage, as well as ways to preserve and handle the property in the event of death or divorce. A prenuptial agreements lawyer can help you determine what property created in the marriage is community property and what property created in the marriage is separate property.
With Goranson Bain Ausley, an experienced prenuptial agreements lawyer in Austin, Dallas, Fort Worth, Granbury, and Plano is available to answer any questions you may have about marital agreements.
There are different types of agreements that spouses and soon-to-be spouses can reach regarding their marital property rights. For example, before marriage, you can enter into a premarital agreement, also known as a prenuptial agreement. After marriage, you can enter into a postnuptial agreement, also known as a partition and exchange agreement or post-marital agreement. Under Texas law, spouses are granted the right to change the character of community and separate property by agreement with the use of a marital property agreement.
A marital property agreement is an agreement that spouses can enter into before or at any time after marriage. To be valid, this agreement must be in writing and signed. This agreement permits spouses to alter the community property system used in Texas in the following ways:
In summary, having a prenuptial agreement attorney help you and your spouse create a well-written marital property agreement will allow you both to clarify your respective property rights and eliminate any uncertainty about those rights during your marriage. At the same time, a marital property agreement will clearly define what will happen with your property in the event of a divorce.
Prenuptial agreements (also referred to as premarital agreements) are binding legal documents created between two people before marriage. Prenuptial agreements can be as simple as each person confirming what property they bring into the marriage and as complex as eliminating any community estate and dictating what happens in the event of divorce or the death of a spouse. The primary purpose of a premarital agreement is to modify Texas’ community property laws. Modifying the law impacts not only the financial aspects of any future divorce but also impacts estate planning.
During a marriage, spouses sometimes want to set out some ground rules to govern the assets and liabilities they have accumulated during the marriage. Postnuptial agreements, also known as Post-Marital Agreements or Partition or Exchange Agreements, are documents that allow married couples to make binding changes to their finances after they have wed.
Postnuptial agreements are also binding legal documents that define the division of assets and debts should the marriage be dissolved. The benefits of a postnuptial agreement take away the uncertainty of what is going to happen in a divorce. And so, once the divorce is filed, you abide by the terms of the agreement and it’s much simpler and much less expensive. 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.
Prenuptial agreements, postnuptial agreements, and agreements to convert separate property to community property can provide structure, clarity, and a pathway to a successful marriage by eliminating one of the most potent marital stressors: money. Marital agreements are for anyone who wants to apply a different set of rules than what Texas law provides when it comes to property created during the marriage and how that property will be divided in the event of divorce or death.
It could be that you are unsure whether a prenuptial, postnuptial, or other marital property agreement is right for you and your future spouse. On the other hand, you might have received an agreement to review and would like clear legal advice. Or you’re considering divorce and would like to examine the enforceability of your existing agreement. Whatever your question about this area of family law, Goranson Bain Ausley’s experienced lawyers for prenuptial agreements are here to answer your questions.
The goal of a prenuptial agreement attorney is to listen to your story. We want to know your goals, concerns, and expectations for the future. A prenup lawyer can help you and answer your questions about marital agreements, including:
At Goranson Bain Ausley, our prenuptial agreement lawyers have drafted and reviewed numerous prenuptial and postnuptial agreements for Texas couples. When you need a prenup lawyer in Austin, Dallas, Fort Worth, Granbury, or Plano, 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 me” then contact us today.
At Goranson Bain Ausley we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
Partner Lindley Bain shares the two most important financial discussions to have before tying the knot.
25 of Goranson Bain Ausley’s family law attorneys have been honored in the 2023 Texas Super Lawyers list published by Thomson Reuters.
Get Started Online
Save time and costs. Before your consultation, use our confidential online questionnaire to receive a personalized information pack in minutes.
Schedule a Consultation
Schedule an in-person or remote consultation with one of our experienced family lawyers by calling us or filling out the “contact us” form.