Prenuptial Vs. Postnuptial Agreements in Texas | What to Know

When couples get divorced, they face legal, emotional, and financial issues. One of the best ways to protect your finances from the effects of a potential divorce is by drafting either a prenuptial or postnuptial agreement. Please continue reading and reach out to our experienced Montgomery County prenuptial agreement lawyer to learn more about these agreements, how they may benefit you, and how our firm can help you through each step of the process. Here are some of the questions you may have:

What is the difference between a prenuptial and postnuptial agreement?

In terms of their purpose and function, prenuptial and postnuptial agreements are essentially the same. In both a prenuptial and a postnuptial agreement, couples can outline exactly which property will belong to which spouse, should they get a divorce in the future. Both of these agreements can also potentially set future spousal support terms.

The primary difference between prenuptial and postnuptial agreements is that prenuptial agreements are drafted prior to marriage, while postnuptial agreements are drafted after a couple is already married. If you’re looking to draft either of these agreements, it’s always best you do so with a competent Montgomery County family lawyer who can ensure it is valid and enforceable in the eyes of the law.

What makes a prenuptial agreement valid?

For a prenuptial agreement to be considered valid and enforceable in the eyes of the law, it must meet several criteria. Our firm can help ensure your agreement will hold up in court. The criteria that make a prenuptial agreement valid are as follows:

  • The agreement must be in writing
  • The agreement must be signed by both parties.
  • The signatures must be voluntary at the time they are made
  • The agreement must not be “unconscionable” – which means that it cannot be “so far one-sided that no reasonable person could consider it to be an arm’s length transaction”
  • The prenuptial agreement must be executed before marriage
  • There must be full disclosure of both spouses’ assets, OR the parties must have waived the right to a full disclosure.

To learn more about what constitutes a valid prenuptial agreement, simply click here to view the state’s statute. If you’d like to draft a prenuptial or postnuptial agreement with your spouse or future spouse, simply reach out to our legal team today. We’re here to guide you through each phase of the process and protect what’s yours.

Contact Our The Woodlands, Texas Firm

If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is here. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, spousal maintenance, and much more. Contact Bolton Law today.