Prenuptial & Postnuptial Agreements

Zealous and Professional Representation

Texas Prenuptial and Post-Marital Agreements

Protecting Your Assets and Interests Before, During, and After Marriage with a Prenuptial or Postnuptial Agreement

Texas is a community property state. However, if you divorce, a family law judge will not automatically divide the assets 50/50 between the divorcing husband and wife. Texas law only requires the judge to divide the property in a manner that the judge deems "just and right" and permits broad discretion to the judge in deciding what is "just and right."

If you and your spouse cannot agree, a Texas family court judge will have the final say about the division of marital assets. The family court judge will consider several factors when determining how the marital assets should be divided, including any differences in earning ability, the length of the marriage and the age of the spouses, educational levels of each spouse, and any health issues

In Texas, fault can also play a part in marital property division. A spouse whose behavior caused or significantly contributed to the break-up of the marriage may be penalized during asset division.

Even if you were never formally married but have lived together for a number of years, Texas family law courts may recognize your relationship as a “common law marriage” and award your former partner half or more of your assets.

It is becoming increasingly common for Texas couples with significant assets to choose to protect themselves with a prenuptial or post-marital agreement, particularly people with established careers, those entering a second or subsequent marriage, those with children from previous relationships, family property or inheritances, or businesses they have established in common with their new spouse, or alone.

To learn more about prenuptial and post-marital agreements in Texas and whether you should consider one, contact Houston area family law attorney Brian McNamara at the Kingwood, Texas law office of Brian McNamara, Attorney.

Benefits of a Prenuptial Agreement

For Texas couples with complex or significant estates, there can be many benefits to drafting a prenuptial agreement.

• It provides a sense of security and peace of mind, particularly to those who may have had a prior divorce
• It protects the integrity of a business owned by one partner from being affected by division of the business should there be a divorce or death
• It allows a person with children from a prior relationships to protect existing assets in order to pass them along to those children in the event of death or divorce
• It allows a person with significant family property, such as a vacation home or an expected inheritance, to prevent that property from being viewed as a marital asset when it is obtained
• It prevents children in blended families from fighting over family heirlooms

The more assets you bring to a marriage, the more important it will be to work with an experienced family law attorney such as Brian McNamara. With 15 years of experience in Texas family law, divorce, and property division, he is prepared to help with the documentation of even the most complex estates to be as prepared as the law allows to ensure your wishes will be honored by Texas family court or probate court.

Benefits of a Post-Marital (or Partition) Agreement

Post-marital agreements are less common that prenuptial agreements and more complicated to draft, but they do serve a very real need. Texas does not recognize legal separation, so a post-marital agreement can allow spouses to separate their marital assets and remain married.

Some couples choose to draft a post-marital agreement even if they are not planning a permanent separation or divorce. They are a good option for couples who have very different spending habits, or those working through serious marital problems. A partition agreement can remove the stress of financial uncertainty.

A post-nup can also help resolve issues where extended family members of one spouse worry about family assets. Contact our Kingwood law office to schedule an initial consultation.