Firm in Rockwall and Wylie Creates Marital Agreements

Texas attorneys tailor prenuptial and postnuptial documents to clients’ needs

Increasingly, prospective spouses in Texas and elsewhere recognize the wisdom of a prenuptial agreement. These documents are negotiated so that each party’s financial interests are protected even if the marriage ends in divorce. There are also situations where a couple that is already married wants to clarify possible divorce terms in a postnuptial agreement. This can minimize the possibility of a drawn-out battle if the relationship breaks down. At Grob & Associates Law Firm PC in Wylie and Rockwall, our family law attorneys have extensive experience advising clients on marital contracts. Whether you need a prenuptial or postnuptial agreement, we can draft a clear, comprehensive document in a professional manner.  

The purpose of a marital agreement

Marital agreements, whether prenups and postnups, are created to avoid property disputes during divorce or separation. These contracts allow couples to define property as separate or marital, overriding Texas's default community property rules. In addition to the division of marital assets, a prenuptial or postnuptial agreement can address spousal maintenance. Individuals who anticipate a significant inheritance can establish their sole right to proceeds in a marital agreement. Parents with children from a previous relationship might also can explore a prenup to protect the inheritance rights of those children. 

Essential elements of a prenuptial agreement

A prenup in Texas must include certain elements to be enforceable. The contract requires full financial disclosure from both parties to ensure transparency and prevent claims of fraud. Most agreements cover the following subjects:

• Asset division
• Debt responsibilities
• Spousal maintenance amounts or limits

Marital agreements cannot include child custody or support terms, as these implicate the rights of children, who are not party to the agreement. These arrangements are determined by the judge, possibly based on a settlement between the parties.

Engaged couples should start discussing their prenup well before their wedding date so they have ample time to exchange information, retain counsel and conduct negotiations. Evidence that someone was compelled to sign through duress or without sufficient review time could lead a court to block enforcement of the document’s terms.  

Reasons to execute a postnuptial contract

Postnuptial agreements, executed during the marriage, address the couple’s evolving circumstances. Common reasons to execute a postnup include:

• Significant financial changes 
• Disposition of an inheritance 
• Acquisition of equity in a business
• Protection of newly acquired assets

Postnuptial agreements can update prenups or ease concerns over potential unfairness in the event of a divorce.   

Benefits of a marital agreement

Marital agreements offer numerous benefits, fostering transparency and reduced divorce litigation costs, which can be significant in Texas. For many couples, marital agreements encourage civil, honest communication about subjects that are sometimes hard to discuss. Spouses who are not comfortable with the state’s community property law can develop an arrangement that they think works better. They can also remove the uncertainty that might surround spousal maintenance terms in the event of a breakup.  

Legal requirements of a marital contract under Texas law

Texas law requires marital agreements to be in writing and signed by both parties. They must be voluntary, with full asset disclosure to avoid invalidation for fraud. Prenups must be fair and not unconscionable, meaning they cannot be so extremely one-sided that it would “shock the conscience of the court” to enforce them. Courts may scrutinize the circumstances surrounding the negotiation for duress or unfairness. Public policy violations are also not permitted, such as provisions allowing a parent to avoid child support obligations.

Speak with a knowledgeable Texas attorney about a marital agreement

Grob & Associates Law Firm PC drafts valid prenuptial and postnuptial agreements for our clients in North Texas. For a consultation to discuss your specific situation, please call 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie.