Entering a marriage is an important life decision. Couples choosing to marry have a lot to consider to ensure that they are setting the stage for a stable future.
Prenuptial and postnuptial agreements are two ways that a couple might set terms that work for them if they choose to part ways. Deciding to sit down and negotiate one of these agreements might not be easy, but completing this process can be extremely beneficial.
A couple that creates one of these contracts can move forward with their lives with fewer unknowns. Many people find that such agreements help them focus on their relationship rather than on protecting themselves from a possible future divorce. A marital agreements lawyer could help you and your spouse draft a fair contract that protects both of your financial interests. Additionally, our family law attorneys at the Law Office of Ben Carrasco could ensure that your agreement meets all legal requirements.
Prenups in Texas
Prenuptial agreements are legal documents couples sign before marriage that describe terms in the event of divorce. Typically, these documents include provisions for how the parties will divide assets as well as spousal support if the parties choose to dissolve their marriage.
In some scenarios, a couple may want to protect family wealth and inheritance by ensuring that the property is not considered part of a marital estate. For couples with children from past relationships, these agreements are an important way to protect them.
The idea behind a prenups is not to create an unfair situation for one of the parties as the terms should protect both future spouses. An attorney could help individuals draft one of these marital agreements in a way that protects both parties’ interests.
Postnuptial Agreements in Texas
If a couple gets married and later wishes to create terms of financial security in the event of divorce, they can enter a postnuptial agreement. These contracts are similar to prenuptial agreements in what they accomplish for a couple. Sometimes, a couple’s financial situation might change and lead to the need for one of these documents.
When a couple suffers marital trouble, a postnup can help the parties set certain terms. Knowing that the contract exists can stop the spouses from thinking about how to protect themselves and instead look at how they can protect their marriage.
A person may also enter one of these marital contracts when they discover that their spouse engaged in damaging financial decisions. If one person accrued a great deal of debt, a postmarital agreement could ensure that one of the parties does not suffer from the other person’s losses.
Drafting Marital Agreements
Courts only uphold a marital agreement if it meets certain legal requirements. Both prenuptial and postnuptial agreements are subject to similar terms. The parties must complete marital contracts in writing, and each of the individuals is required to sign the document.
It is vital that the parties enter the marriage agreement after exchanging complete and true information about their assets and debts. Any attempt at dishonesty can lead to the court refusing to uphold the terms. The parties must also enter freely rather than through any form of coercion.
An attorney could help a married couple create a marital agreement that meets all of the technical requirements, and that protects both parties’ interests.
Consult an Experienced Marital Agreement Attorney
Entering a marital agreement is a good idea for many couples. These contracts could help reduce stress and anxiety and can prevent future costly litigation.
A marital contract does not mean that you are giving up on your marriage. Signing one of these documents can protect your family from future harm. Contacting a marital agreements lawyer to talk about your financial situation is the first step in learning about the provisions that might help you and your family.