Prenuptial + Postnuptual Agreements

Determining whether you need a prenuptial or postnuptial agreement depends on your unique financial situation, goals, and circumstances.

Both agreements serve to protect assets, clarify financial responsibilities, and outline the division of property in the event of divorce or death. Prenups can be a good option for individuals who:

• Are entering the marriage with significant assets or wealth.
• Own a business, real estate, or investments that need to be protected.
• Want to ensure that property or assets remain separate after marriage.
• Have children from a previous marriage and want to protect their inheritance.
• Seek clarity on how financial matters will be managed during the marriage and in case of a separation.

Postnups can be useful when:

• There has been a significant change in financial circumstances, such as an inheritance or business acquisition.
• One spouse has incurred significant debt, and both parties want to protect themselves from financial liability.
• A couple is seeking reconciliation after a period of marital strain and wants to clarify financial arrangements moving forward.
• The couple wants to adjust their estate plan to better reflect their current financial situation or family dynamics.

Both pre- and postnuptial agreements must meet specific legal standards to be enforceable. In Texas, the agreement must:

• Be in writing and signed by both parties.
• Include full financial disclosure from both spouses, or a waiver of disclosure.
• Be executed voluntarily, without coercion or undue pressure.
• Not be unconscionable at the time it was signed.

While it’s not legally necessary to have an attorney when drafting a prenuptial agreement, it’s highly advisable to consult with an experienced family law attorney to ensure your agreement is legally sound and tailored to your specific needs. The prenup lawyers at Duffee + Eitzen are well-versed in Texas family law and can guide you through creating a fair and enforceable prenuptial or postnuptial agreement. Whether you are reviewing an existing agreement or drafting a new one, having a legal document and legal representation can help protect your interests and ensure the agreement fully complies with state laws.

Yes, you can change your prenuptial agreement after getting married, if both spouses agree. A prenuptial agreement is not set in stone and can be modified or even revoked if both parties agree. Life circumstances often change, and so might the need to update the terms of your agreement. Common reasons for modifying a prenuptial agreement include significant financial changes, the birth or adoption of children, or a couple’s desire to redistribute their assets differently.

To modify a prenuptial agreement, both spouses must mutually agree to the changes. This can be done by adding an amendment to the existing agreement. The amendment can either be incorporated directly into the original agreement or written as a separate document that outlines the updated terms. To ensure the modification is legally enforceable, it’s essential that the updated agreement be in writing and signed by both parties. It is also advisable to have the new agreement notarized and kept with the original contract. It’s important to consult with a family law attorney when amending or revoking a prenuptial agreement to ensure the process is completed properly and meets all legal requirements.

According to the Texas Uniform Premarital Agreement Act, valid prenuptial agreements can cover the following:

• Property Rights: Couples can outline each party’s rights and obligations concerning property they own, acquire, or transfer before or during the marriage.
• Asset Management: The prenup can detail how property will be bought, sold, transferred, or managed during the marriage.
• Division of Property: It can also specify how assets will be divided in case of divorce, separation, or death, including ownership of businesses, real estate, and investments.
• Spousal Support: A prenuptial agreement can modify or eliminate spousal support obligations, provided the terms are fair and agreed upon by both parties.
• Life Insurance: The ownership and beneficiaries of life insurance policies can be established within the agreement.
• Choice of Law: Couples may decide which state’s laws will govern the agreement if they live in multiple states during their marriage.
• Wills and Trusts: The prenup can direct the making of wills or trusts to carry out the provisions of the agreement.

Certain matters cannot be part of a prenuptial agreement such as:

• Child Support & Custody: The Texas Family Code prohibits any prenup terms that negatively impact child support or custody decisions. The court will always prioritize the best interests of the child, so such provisions would be unenforceable.
• Personal Preferences: Details like household chores, holiday plans, or personal preferences cannot be legally upheld in a prenup.
• Provisions Encouraging Divorce: Anything in the prenup that offers a financial incentive for divorce may be scrutinized or deemed unenforceable by the courts.