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Prenuptial & Postnuptial Agreements

This page is intended as a very general overview of the issues prenuptial and postnuptial agreements. The statements and information provided on this website are for informational purposes only. This site is not intended to provide legal advice to the reader and NO attorney-client relationship shall be deemed to arise from the receipt of this page. An attorney-client relationship only arises after the attorney and client have signed a written attorney-client agreement, after the attorney has evaluated the background facts provided and has accepted the representation of the client's legal action.

A prenuptial agreement (also known as a premarital agreement) is one that the parties enter into before getting married. A postnuptial agreement occurs after the marriage. Both are valid in Texas but must be drafted carefully.

A prenuptial or postnuptial agreement does not have to be simply a device used by one spouse to protect his or her assets and income. In Texas, there are many things you and your spouse can agree on in advance by entering into a prenup or postnup, including the following.

  • How assets and debts will be divided in the case of an eventual divorce
  • How both spouses are going to provide for each other in their wills
  • Each spouse's obligations with respect to the purchase of life insurance
  • Provisions for the welfare of children from previous relationships

Entering into a prenuptial or postnuptial agreement gives you and your spouse an opportunity to set your own terms for your marriage. In many cases, by clarifying financial issues ahead of time, these agreements can contribute to happy and successful marriages.

People choose to pursue prenuptial and postnuptial agreements for many different reasons. Maybe you have been divorced in the past and want to take a different approach to marriage this time. Maybe you are concerned about how your new marriage will affect your children. Please contact us to schedule a free consultation today to discuss your situation in more detail.

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