Texas Prenup Agreements

  • Marital Agreements Are 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.

Without a marital agreement “Trial courts also have wide discretion and are allowed to take many factors into consideration in making a just and right division.” Schleuter v. Schleuter, Texas Supreme Court, 1997

  • Two Types of Marital Agreements
    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 postmarital agreement or a postnuptial agreement.
  • Endless Options of Texas Marital Agreements
    In either case, there is no strict formula that the 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 that 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). Or, they may decide on something else. 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. The options and possibilities are about as limitless as the parties’ creativity.
  • During Marriage – a “Partition” Agreement
    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.
  • A Marital Agreement Must Be Voluntary and Fair
    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.
  • Children and Marriage 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.

Standard Online Prenuptial 
Agreement

-Everything remains separate
-No community property is created during the marriage
-Permits joint purchases and gifts

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Standard Postnuptial Agreement

-Made during marriage (post-marital)
-Divides community estate into separate estates
-Essentially a prenup after marriage

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Unmarried Cohabitation Agreement

-Confirms that parties are not married
-No disclosure of assets or debts
-Confirms individual personal property

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Custom Texas Prenups or Marital Property Agreements

-Individualized agreement
-Not always 100% separate
-Appropriate for larger or complex estates

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Online Texas Prenup Package

The standard prenup package serves several purposes: (1) It is a written record of the assets and debts of each spouse at the time of marriage and (2) it provides that no community property will be created during the marriage. Each spouse will own separately all income and assets that he or she acquires during the marriage. In the event of divorce, there will be no community property to divide. This includes all retirement, real estate, financial accounts and all other assets.The standard prenup package available on this site includes: (1) a prenuptial agreement; (2) forms for listing the assets and debts of each fiancé; (3) 2 waivers of financial disclosure; (4) a post-marital property agreement to be signed shortly after the marriage; (5) a cover letter explaining how to execute the documents, and (6) a half hour phone consultation with attorney Brian McNamara after you receive the package to answer any questions. The fee for the entire package is $399.

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Online Marital Partition Package

The Standard Partition Package divides or “partitions” a community estate into two separate estates. The spouses divide the community estate by identifying the assets and debts that each will receive. Forms are provided for that purpose and are referenced throughout the document. You simply write the husband’s assets and debts on his spreadsheet, and the wife’s on hers. It is important that all assets and debts be listed because if something is not awarded to one of the spouses it could remain a community asset.Partition Package includes (1) A Marital Property Agreement, (2) Forms for listing the assets and debts that are “partitioned” or awarded to each spouse, (3) Waivers of Disclosure just in case an asset is accidentally left off of the forms, (but it is still best to ensure that all assets and debts are listed), (4) a Cover Letter with instructions about executing the documents, and (5) a half hour phone consultation with attorney Brian McNamara after you receive the package. The fee for the entire package is $399.

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Custom Marital Agreement

For those who do not want such a clear-cut scheme, a custom prenup or partition agreement is also available. That document can provide for anything to which the parties agree. Certain assets can be kept separate and others can become community. The division of any community property can be specified or all can be separate and one spouse can agree to give the other periodic gifts of cash or property. There are endless options.

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Should you have any questions or would like to customize a marital agreement, please contact Brian McNamara at 281-358-3444.

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