Postnuptial Agreement TX

Texas Postnuptial Agreements Attorneys

Prenuptial agreements are sometimes not appropriate for protecting personal finances because so many circumstances change after marriage. That is why some couples prefer to have postnuptial agreements. Neither prenuptial nor postnuptial agreements are a sign that your marriage may end in divorce.

Understanding Postnuptial agreements

Post Nuptial Agreement After Infidelity

Texas Postnuptial AgreementsPeople assume that when a married couple decides to draft a postnuptial agreement, there is a problem in their marriage.  This agreement is just a precaution that couples that care for each other agree to so that in the event of a divorce both their interests will be catered for. Just like a prenuptial agreement a post-nuptial agreement outlines how the marital property will be divided during divorce.

This can make a divorce easier if the community property consists of assets of great value. The difference between a prenuptial agreement and a postnuptial agreement is that the postnuptial agreement is made after you get married. A postnuptial agreement is made when you and your spouse are not planning to get a divorce, are not separated, and none of you is dead.

Consult an experienced lawyer to ensure that you draft a postnuptial agreement that protects all your finances and assets.

Benefits Of A Postnuptial Agreements

What Is Postnuptial Agreement In TX

The following are the benefits of a postnuptial agreement:

  • Couples can divide assets, debts, income, and property, which allows each spouse to spend money freely without worrying that it will affect the other spouse
  • A postnuptial agreement is a great way to change or modify terms in a prenuptial agreement, especially in a situation where your financial circumstances change. For example, a spouse may choose to make a separate property community property or you start a business.
  • It gives you peace of mind if your spouse dies or during a divorce because you know how all the resources will be allocated.
  • A postnuptial agreement may also prove useful if your spouse dies without a Will.
  • You can use a postnuptial agreement to outline what actions either of you will take if a spouse is not faithful in your marriage.

Requirements For Drafting A Postnuptial Agreement

Should I Sign A Postnuptial Agreement

You need to meet a certain number of requirements when drafting a postnuptial agreement for it to be legally valid. They include:

  • The agreement must be in writing: No court is going to take verbal postnuptial agreements seriously. You must draft the agreement in written form with the help of a qualified postnuptial agreement lawyer.
  • Each spouse should have a lawyer: do not let this alarm you because each lawyer is simply going to advise the spouse they represent on how to get their interests protected in the agreement. This increases the chances of the agreement being enforceable in the future.
  • Spouses have a fiduciary duty: Spouses have a fiduciary duty to each other, which means they must consider each other’s best interests. For instance, spouses must disclose all assets and debts.

After you have drafted your postnuptial agreement and signed it, there will be a seven-day waiting period after which the agreement will go into effect. Do not rush when drafting a postnuptial agreement to avoid any conflicts in the future.

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