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What Are the Benefits of a Texas Postnuptial Agreement?

 Posted on March 13, 2024 in Family Law

TX divorce lawyerThe concept of a prenuptial agreement is something many people are familiar with, even if they do not have a thorough understanding of what it entails. It essentially is an agreement signed by a couple before they get married that outlines various financial understandings and expectations for the marriage and should the marriage end. Since many people do not have a sufficient understanding of the benefits of a prenup and it is natural for engaged couples to avoid thinking they could end up getting a divorce, a lot of people opt out of signing one. With time, as maturity and the reality of merged finances set it, a couple might come to regret this. In these situations, they may decide to sign a postnuptial agreement. An experienced Propser, TX postnuptial agreement lawyer can explain your options.

How Can a Postnuptial Agreement Help Me?

There are several reasons a couple might want to sign a postnuptial agreement. For example, if you or your spouse have bought or started a business, as individuals or as a couple, a postnuptial agreement can help set your minds at ease about what would happen to this business in the event of a future divorce. Some couples decide to sign a postnup if they have made significant investments or high-value purchases of properties and assets, the division of which would have a large impact on their finances. Some couples draft a postnup if they are considering divorce; they may still try to work on their marriage, but the realization that divorce is a distinct possibility might inspire them to already work out what would happen with their finances later on. Other couples might have heard that having a prenup can give a married couple peace of mind, and so they sign a postnuptial agreement for the same purpose.

Whatever the reasons are, the state of Texas has some legal requirements that must be met for a postnuptial agreement to be considered valid. These include the fact that the agreement must be:

  • Written: It must be in writing, and both spouses must sign it. An oral agreement is not legally valid or enforceable.
  • Voluntary: Neither spouse can be forced or coerced into signing it.
  • Understandable: Both spouses need to have a sufficient understanding of what they are agreeing to.

Contact a Denton County, TX Postnuptial Agreement Attorney

If you find yourself wishing you had signed a prenup before your wedding, you should speak with a knowledgeable Collin County, TX family lawyer about whether a postnuptial agreement might be a good idea for you. At Pfister Family Law, we have over twenty years of experience helping protect our client’s rights and best interests. Call 972-954-6455 so we can fight for yours too.

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