If you’re getting ready to sit down to prepare a postnup, you should know the basics of how to write a bullet-proof Texas postnup partition & exchange marital agreement.
There are essentially two different kinds of considerations that you’ll want to make to ensure that the contract will hold up against any questions of its validity that may come up later. First, it’s important that you know the legal guidelines for a valid postnup, but beyond that there are several additional actions you can choose to take that will serve to further protect the integrity of the contract.
The legal guidelines for a post-marital agreement are fairly simple and straightforward. The contract should be written and signed voluntarily by both parties and should contain fair and reasonable disclosure of all assets and liabilities on both sides.
Although these guidelines are clear cut, defending them in court may not be as simple as it seems. To protect against any potential attacks on the validity of the contract, there are additional steps that can be taken that are not explicitly required by law.
Cover Your Bases
One of the simplest actions that you can take that goes beyond the requirements of the law is for both spouses to consult separately with legal counsel. Reading and understanding the contract is required of both parties by law, and consulting the legal expertise of a lawyer can help to ensure that the signatures are not later contested in court.
If you’re interested in learning more about how to write a bullet-proof Texas postnup partition & exchange marital agreement, see here.