San Antonio Prenuptial & Postnuptial Agreements Attorney

What Are Prenuptial and Postnuptial Agreements?

A prenuptial agreement, commonly known as a "prenup," is a legally binding written contract that two individuals enter into before they are married. A good prenuptial will carefully outline how their respective assets and debts will be managed and divided in the unfortunate event of a divorce or separation.

A postnuptial agreement (or a “partition and exchange agreement”) serves a similar purpose, but it is signed after a couple has already exchanged vows. In some cases, these agreements are drafted after one spouse comes into a large sum of money, such as an inheritance. In other cases, the couple simply didn’t have enough time or resources to draft a prenuptial before the wedding.

Marital property agreements are powerful tools that can address a wide array of financial and property-related issues, providing clarity and security for both spouses.

What Does a Prenuptial or Postnuptial Agreement Do?

A well-drafted and legally sound prenuptial or postnuptial agreement can provide a multitude of benefits for both partners.

Protect Separate Property

These agreements are particularly effective in safeguarding assets that a spouse owned prior to the marriage or received during the marriage as a personal gift or inheritance. A pre- or postnuptial agreement can specify that an asset remains that spouse’s sole and separate property, which shields it from division in the event of a divorce. A marital property agreement can also protect the proceeds and profits from separate property, such as the rental income from a separately owned home.

Define Community Property Rights

All assets acquired during the marriage are presumed to be “community property”. Community property can be the source of conflict during many divorces. A strong prenuptial or postnuptial agreement will prevent conflict by providing clear guidelines for how community property will be managed and divided in the event of a separation.

Protect Business Interests

If you are a business owner, you can use a prenuptial or postnuptial agreement to protect your valuable business interests from being subject to division in a divorce. The agreement can safeguard your company's assets, prevent disruptions to its operations, and support its long-term stability.

Provide Financial Security

A prenuptial or postnuptial agreement should not be one-sided. A valid agreement will be structured to provide financial security and support for both spouses in the event of a divorce, ensuring that they are fairly compensated for their contributions to the marriage and have the resources they need to move forward with their lives.

Key Considerations When Drafting a Prenuptial or Postnuptial Agreement

Drafting a valid and legally enforceable prenuptial or postnuptial agreement demands meticulous attention to detail, a thorough understanding of Texas law, and a commitment to fairness and transparency. If you and your partner are thinking about signing a prenup or postnup, you should consider the following factors.

Independent Legal Counsel

Prenuptial and postnuptial agreements are more effective when each party retains their own legal counsel. Each attorney can review the agreement, advise their client on their legal rights and obligations, and ensure that the contract doesn’t work against their client’s best interests.

Full Disclosure

Both parties must provide a complete and honest disclosure of all of their assets, debts, income, and financial obligations. This transparency is essential for creating a fair and equitable agreement. If one partner fails to disclose their full financial situation, a court may later decide that the contract is not valid.

Fair and Reasonable Terms

The specific terms of the agreement must be fair and reasonable to both parties, taking into account their individual circumstances, contributions to the marriage, and future needs. Unconscionable or overly one-sided agreements are unlikely to be upheld by a court.

Voluntary Agreement 

The agreement must be entered into voluntarily by both parties, free from any duress, coercion, or undue influence. Each partner must have a clear understanding of the agreement's terms and implications and willingly consent to its provisions.