Lake Jackson Pre-Marital and Post-Marital Agreements
Experienced and Compassionate Legal Counsel in Your Marriage
At JM Davis Law PLLC, we have years of experience working with spouses and parents on the family legal issues they are facing. As a result, we are equipped with the professional knowledge and skill to help you draft your pre-marital or post-marital agreement with your best interests in mind. Marital agreements can cover a number of important issues, so it is best to have legal counsel beside you.
What Can a Pre-Marital Agreement Do?
A pre-marital agreement (or a "prenup") is a legal contract made between prospective spouses in anticipation of marriage. The terms of a prenup could address numerous important marital issues, such as the division of property in the case of separation. Keep in mind that couples must finalize their pre-marital agreement before they get married, and the agreement will become effective as soon as the couple is legally married.
Individuals may seek to draft a prenup for different reasons, and some common scenarios for doing so are:
- either spouse brings significant debt into the marriage;
- one or both spouses plan to bring property into the marriage;
- one spouse is much wealthier or poorer than the other;
- one or both spouses are remarrying;
- one or both spouses have children;
- one or both spouses want to secure their estates.
With the above in mind, Texas pre-marital agreements can address some of the following issues:
- the rights and obligations of each spouse regarding property;
- who has what rights to buy, sell, use, transfer, exchange, lease, take a loan against, dispose of, or otherwise manage or control property;
- the allocation of personal or real property if one of the spouses dies or if the parties separate;
- rights to alimony;
- the making of a will, trust, or other arrangements to facilitate the provisions of the prenuptial agreement;
- the rights to the death benefit from a life insurance policy.
Note that for a pre-marital agreement to be legally valid in Texas, it must meet all of the following requirements:
- the agreement has to be in writing (an oral contract is not legally enforceable);
- the prenup does not have to be supported by “consideration”;
- the parties must have executed the agreement “in contemplation of marriage” (negotiated and signed with the understanding of a definite and upcoming marriage).
What Can a Post-Marital Agreement Do?
Similarly to pre-marital agreements, post-marital agreements also address marital matters of importance in a legal contract, though post-marital agreements are executed during the marriage instead of before. Post-marital agreements are sometimes used by spouses to partition community property into separate property or vice versa. Additionally, if spouses anticipate a potential divorce, they may choose to settle property issues through a post-marital agreement instead of a separation agreement.
Texas courts will legally uphold post-nuptial agreements as long as:
- the agreement is in writing;
- the agreement has been signed by both parties;
- both parties have the legal capacity to enter into the agreement;
- both parties entered the agreement voluntarily;
- there was full and fair disclosure of all assets and liabilities by both parties;
- the agreement was neither unconscionable nor in violation of public policy or other state law.
Note that marital agreements are generally presumed to be voluntary if the parties knew what they were signing.
Post-marital agreements may be amended or revoked at any time, as long as the changes or revocation are in writing and signed voluntarily by both parties. An experienced marital agreements lawyer can better guide you through the legal process, from drafting to changing to revoking a marital agreement.
Contact JM Davis Law PLLC for Legal Support
If you have legal questions about marital agreements, whether pre-marital or post-marital, do not hesitate to consult an experienced attorney for legal guidance. The lawyers at JM Davis Law PLLC have years of experience in family-related legal matters, so you can trust that they can efficiently and skillfully advise you as you draft the terms of your marital agreement.
Schedule a free case evaluation with JM Davis Law PLLC online or at (855) 390-0455 for legal help.