Written By An Experienced Attorney
14-Day Money Back Guarantee
All Online for Convenience
Plan, To Be Happy
Over the years, our law practice has seen hundres of people shocked to learn that a Texas Judge my divide their community estate the way the judge feels is “just and right” There is no automatic 50/50 in the Texas. Additionally, the higher earning spouse often recieves less than half.
Do You Need a Prenup or Postnup? Some things to consider!
- Everything a spouse owns is community property until they prove otherwise, clearly and convincingly. Often this cannot be done. When it can, its expensive.
- Without a Prenup or Postnup, also known as a marital agreement, “Trial Courts” have wide discretion and are allowed to take many factors into consideration when making a just or right division. Schleuter v Schleuter, Texas Supreme Court 199
- Signed Before Marriage
- Three packages to choose from
- Secures Everything owned before marriage
- Allows joint purchases and joint accounts
- Provides control of your finances
- No community property
- For People already married
- Three Packages to choose from or call for custom agreement
- Separates and protects assets
- Protects from Creditors
- Provides predictablity
- No more community property
- Moving in togather?
- Lists each others household property
- Confirms no commonlaw marriage
- Requires No Finacial Disclosures
Marital Agreement FAQ
Are Marital Agreements Enforceable In Texas?
Texas law provides that couples intending to marry, and those already married, may execute a document that characterizes their property as separate or community. That agreement may characterize property in a manner that is different from what the law would do without such an agreement. Premarital and post-marital agreements are completely enforceable in Texas and favored by Texas law.
Are There Endless Options For Texas Marital Agreements?
There is no strict formula that spouses must follow in dividing or characterizing their property. A couple about to marry may choose to designate everything that each acquires during marriage as his or her separate property so no community property is created. They may choose to state that if the marriage ends each will receive 50% of the community property (Texas law does not provide for any automatic division, 50/50 or otherwise). If one spouse has substantially more assets than the other an agreement can provide that the assets will remain separate, but some will be given to the other spouse at various intervals or upon certain events.
How Many Types Of Marital Agreements Are Available?
When an agreement is signed before marriage, it is called variously a prenuptial agreement (“prenup”), a premarital agreement, or an antenuptial agreement. When a married couple decides to partition their community estate into two separate estates, that document is referred to as a partition agreement, a post-marital agreement or a postnuptial agreement.
Can We Get A Marital Agreement After We Are Married?
A married couple may choose to divide their community estate into two separate estates with a partition agreement. Again, there is no formula that must be followed and the spouses are free to decide about their own property.
How To Have A Voluntary And Fair Marital Agreement?
In either case, the agreement must be voluntary, generally fair, and each spouse or fiancé must: (A) Be given a fair and reasonable disclosure of the other’s property; or (B) Must sign a waiver of such disclosure, or (C) Must have had adequate knowledge of the property or financial obligations of the other party. The standard prenup and standard partition agreements available on this site provide schedules for disclosure of all assets and debts, PLUS two waivers of financial disclosure in case an asset is accidentally left off.
Can Children Be Included In Marital Agreements?
A prenup or partition agreement may include provisions regarding inheritance to protect either spouse’s children born before marriage. Any provisions regarding children born during the marriage are unenforceable. Decisions about the children’s best interest will be made based on the circumstances existing at the time that the decision is made.
What Is Your Money Back Guarantee?
You have 14 days to review the documents. Tell us the package is not what you want within 14 days after we send your documents and we will refund the full purchase price back to your credit card.