Tarrant County Prenuptial and Postnuptial Agreement Attorney
Prenuptial agreements and postnuptial agreements, often called “prenups” and “postnups,” are legally binding contracts signed by couples either before marriage or during a marriage. These contracts can benefit couples in many ways, including protecting their financial interests in the event of divorce or the death of a spouse. While these agreements have traditionally been viewed as unromantic or as anticipating a divorce, in reality, these agreements can be a wise and practical decision in many situations.
Prenuptial and postnuptial agreements are not only for extremely wealthy individuals, and the benefits of such contracts might surprise you. If you would like to discuss further whether an agreement is right for you, or if your fiancé is requesting a prenup, consult with an experienced lawyer at Hoppes Family Law today.
Prenuptial and Postnuptial Agreements
While Texas law allows prenuptial and postnuptial agreements to be enforced, it does limit the scope of the terms of an agreement. For example, an agreement cannot prevent child support payments or definitively decide on conservatorship issues without further court review. However, a prenup or postnup can address the following terms:
- State what will be kept as separate property for each spouse
- State each spouse’s rights to control and manage certain property
- Determine how the spouses will divide community property in a divorce
- State how property should be distributed if one spouse passes away
- Provide for or prohibit spousal support payments
You might wonder when it is necessary to set out such terms prior to a divorce, and there are many circumstances in which such agreements are appropriate and beneficial. These include:
- One spouse has trust distributions or expects to receive a large inheritance
- One or both spouses own substantial property and assets coming into the marriage
- There is a discrepancy in earning ability or wealth coming into the marriage
- One spouse plans to forgo a career to care for the household
- One or both spouses have children from prior relationships
Drafting and Negotiating Enforceable and Effective Agreements
Not all prenuptial and postnuptial agreements are enforceable, so it is critical to have an experienced family law attorney drafting, reviewing, and negotiating these contracts. We understand that marital contracts can often be invalid due to:
- Coercion or duress
- Lack of full financial disclosure
We will ensure that an agreement is enforceable and that it protects your rights and interests should your marriage end in the future.
Speak with Our Experienced Hurst Marital Agreement Attorneys Today
Prenuptial and postnuptial agreements can serve as important legal tools that help you and your spouse remain in control of your finances and futures. The family law attorneys at Hoppes Family Law regularly assist clients in effectively and efficiently determining their prenuptial or postnuptial needs, and we serve clients in Hurst, Bedford, Colleyville, Keller, North Richland Hills, Southlake, Fort Worth, Arlington, and Richland Hills. For more information, please do not hesitate to contact us online or call us at 817-283-3999 today.