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Premarital & Postmarital Agreements

Cypress Premarital & Postmarital Agreements Attorney

Helping Clients in Cypress Protect Their Assets & Best Interests

Marriage is a significant commitment, and it is not uncommon for people to have concerns about the future. A premarital or postmarital agreement can help you address these concerns and provide you with a sense of security about your future. At Hunt Law Firm, PLLC, our Cypress premarital and postmarital agreement lawyer can help you create an agreement that meets your needs.

To learn more about drafting a premarital or postmarital agreement, call us today at (281) 771-0422 or contact us online.

What Are Premarital & Postmarital Agreements?

A premarital agreement, commonly known as a prenuptial agreement or "prenup," is a legal contract entered into by a couple before they get married or enter into a civil partnership. In the context of Texas, the laws governing premarital agreements are outlined in the Texas Family Code, specifically under Chapter 4, Subchapter A.

In Texas, a premarital agreement allows couples to define their rights and responsibilities regarding property, debts, and other financial matters in the event of divorce, separation, or the death of one spouse. The primary purpose of a premarital agreement is to provide clarity and reduce uncertainty about the division of assets and spousal support, among other things, should the marriage end.

Here are some key aspects that premarital agreements in Texas typically cover:

  • Property Rights: The agreement may specify how the couple's property and assets will be divided in the event of divorce or separation. This can include real estate, bank accounts, investments, businesses, and other assets acquired during the marriage.
  • Debts: Couples can use a premarital agreement to determine how they will handle debts acquired during the marriage, including mortgages, loans, and credit card debt.
  • Spousal Support (Alimony): The agreement may address whether spousal support (alimony) will be paid, the amount, and the duration in case of divorce or separation. However, it's important to note that certain limitations on spousal support may apply, and a court may still review and modify these provisions based on various factors.
  • Estate Planning: Premarital agreements can also include provisions related to inheritance rights, wills, and trusts. They may define how property will be distributed upon the death of one spouse.
  • Other Personal Matters: While financial matters are a primary focus, some premarital agreements may include provisions related to other aspects of the marriage, such as dispute resolution mechanisms, child custody arrangements, and other personal matters.

A postmarital agreement, also known as a postnuptial agreement or "postnup," is a legal contract entered into by a married couple after they have already married. Unlike premarital agreements, which are signed before marriage, postmarital agreements are created during the course of the marriage. These agreements allow couples to address various financial and legal matters, similar to premarital agreements, but with the understanding that they are already married.

Why You Should Consider a Premarital or Postmarital Agreement

Premarital and postmarital agreements can be valuable tools for couples to consider for various reasons. While it might not be necessary or suitable for every couple, there are several situations in which such agreements can be beneficial:

Premarital Agreement:
  • Asset Protection: If one or both partners enter the marriage with significant assets, a premarital agreement can help protect those assets in case of divorce. It provides a clear understanding of how property and financial matters will be handled.
  • Debt Management: Individuals with substantial debts may use a premarital agreement to establish how these debts will be managed during the marriage and in the event of divorce.
  • Business Ownership: If one or both partners own businesses, a premarital agreement can specify how the business interests will be treated in the event of divorce, ensuring that the business remains intact or is fairly divided.
  • Estate Planning: Couples can use premarital agreements to address inheritance rights, especially when there are children from previous marriages or specific wishes regarding the distribution of assets upon death.
  • Clarity and Communication: Discussing and creating a premarital agreement requires open communication about financial matters, goals, and expectations. This process can strengthen the couple's understanding of each other's financial values.
Postmarital Agreement:
  • Address Changes in Financial Situation: A postmarital agreement can be useful if there has been a significant change in the couple's financial situation after marriage. This could include the acquisition of substantial assets, changes in income, or the start of a business.
  • Reaffirming Commitment: Some couples choose to create a postmarital agreement as a way to reaffirm their commitment to each other. It allows them to have open conversations about their financial future and mutually agree on how certain matters will be handled.
  • Resolving Marital Issues: Couples facing challenges in their marriage may use a postmarital agreement as a tool to address and resolve specific issues. This can include financial disagreements or concerns about the division of assets.
  • Estate Planning Changes: Changes in estate planning goals or the desire to update provisions related to inheritance and property distribution may prompt a couple to create a postmarital agreement.
  • Preventing Future Disputes: By clearly outlining financial responsibilities and expectations in a postmarital agreement, couples can potentially avoid misunderstandings and disputes related to finances in the future.

At Hunt Law Firm, PLLC, our Cypress premarital and postmarital agreement lawyer is committed to helping you protect your interests. We understand that the future is uncertain, and we will take the time to learn about your concerns before helping you create an agreement. We will also work to ensure that your rights are not violated and that your agreement is enforceable. If you are considering a premarital or postmarital agreement, we are here to help.

Call Hunt Law Firm, PLLC today at (281) 771-0422 or contact us online to learn more about our premarital and postmarital agreement services in Cypress, TX.

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