Postnuptial Agreements

Our Attorneys Can Assist You with Postnuptial Agreements and More.

Postnuptial agreements are different from premarital agreements since they are entered into after the couple has married. This may be for many reasons, including a significant change in resources, health problems or simply a desire to clarify the classification of shared property and assets.

Just as with a premarital agreement, a postnuptial agreement can address the following areas:

• The specific designation of what property will be classified as separate or community property;
• The treatment of inheritances that may be different from Texas law;
• Amount and timing of spousal support in the event of divorce;
• Treatment and division of debts acquired before and during the marriage; and/or
• Use of death benefits if one spouse dies.

Reasons for a Postnuptial Agreement

All of these issues can be areas of contention or even litigation in a divorce, so a postnuptial agreement can define ahead of time the way that assets are divided and support will be provided. This can be a great relief for couples that may be encountering difficulties in a marriage. By handling these issues up front, they can then turn their attention to working on the marriage rather than looking for an advantage if there is a divorce.

Of course, some couples can be unwilling to place a clear definition on divorce terms since it seems like they are already giving up. But it is a practical step that can ease the stress of not knowing the outcome of marital problems that may be arising.

Elements of Validity

These agreements must meet certain legal formalities in order to be valid. The agreement must be in writing, signed by both parties and entered voluntarily. There also has to be a full disclosure of assets and liabilities so that all facts are known ahead of time. The agreements can also be amended at a later to reflect changes in the marriage resources, or wishes of the spouses.

We Are Here to Help

Merritt Law can draft your postnuptial agreement in a way that honors your marriage and details your intention to treat your spouse fairly in the event of a divorce. Any postnuptial agreement that seems to be unfairly weighted toward one spouse could be subject to challenge and future litigation, the very process that an agreement like this seeks to avoid. For this reason we will speak with you in detail about the realities and allocation of resources, so that the postnuptial agreement reflects your shared intentions. Please contact us to plan or review your postnuptial agreements.