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Premarital & Postmarital Agreements

Prenuptial & Postnuptial Agreement Lawyers in Katy

Drafting Documents to Protect Your Best Interests

When most couples get married, they do so with the intention of remaining together forever. However, life often has other plans, and a significant portion of marriages end in divorce

No matter what your future plans may be, it's important for you to consider your life should your marriage end in a divorce. It’s vital to keep yourself protected in the event of a divorce, and a prenuptial or postnuptial agreement can help you protect your assets.

When you retain Hunt Law Firm, our Katy prenuptial and postnuptial agreement attorneys will provide dedicated and caring counsel. Our lawyers take great pride in helping clients achieve all of their goals, and will work tirelessly on your behalf.

Need help drafting a prenuptial or postnuptial agreement in Katy, TX? Contact our prenup and postnup lawyers at Hunt Law Firm today at (832) 781-0320 or reach out to us online.

Premarital (Prenuptial) Agreements

Premarital agreements, also known as prenuptial agreements, are essentially documents which dictate the rights and responsibilities of each spouse during the marriage, as well as after a divorce, death, or separation. Premarital agreements must be created and finalized prior to the marriage.

Premarital agreements can address many personal and financial items, including:

  • Business interests
  • Retirement accounts
  • Income
  • Tax deductions
  • Credit card spending
  • Dictating how certain arguments will be settled

Premarital Assets and Debts

The assets you’ve spent years acquiring before your marriage are known as “premarital” assets. This can include your savings accounts, pensions, employee stock options, and any inheritance you’ve received. Will you and your spouse intermingle your separate property with marital property? How will your premarital assets be handled in the event of a divorce?

Marital Property

Throughout the years of your marriage, both you and your spouse will accumulate assets and debts. In a prenuptial agreement, you and your spouse can decide if they will be owned jointly or if there is another arrangement that works best for both parties.

Credit and Debt

What does your and your spouse’s credit look like? Both spouses should take this opportunity to discuss their priorities about paying off old debt or acquiring new debt. It’s important that both parties have an open discussion to address credit obligations, back taxes, and other joint credit issues.

Postmarital (Postnuptial) Agreements

Couples who did not sign a premarital agreement before getting married may complete a postmarital agreement to save time and litigation expenses in the case of divorce. These agreements typically outline how community property will be handled, which can involve wages, real property, and income earned from separate property that was accumulated individually before entering the marriage. 

In both form and function, postmarital agreements are extremely similar to their premarital counterparts. In most cases, the difference is simply when the agreement was created, as postmarital agreements are created after the marriage.

Many couples get caught up in the wedding planning process, and fail to finalize these documents on time; these couples are excellent candidates for a postmarital agreement. 

These agreements can be created immediately after the wedding, as well as at any point during the marriage. They include many of the same components as a prenup, although couples will generally have a better understanding of the issues they need to address.

Partition and Exchange Agreements

Community property includes the assets owned jointly by a married couple. Unlike other states, Texas courts divide property in a way that is considered “fair and just,” which isn’t always “equal.” Couples who file a postnuptial or postmarital agreement can use it to exchange and move around their community and separate property how they see fit.

Partition and exchange agreements are for individuals who wish to convert community property into their own separate property, or conversely, separate property into community property. The agreement can be initiated at any time, just as long as it takes place after the couple enters a marriage. 

In order for it to be enforceable, both spouses must sign the agreement – in some cases, however, a spouse may challenge the agreement in an effort to avoid the agreement’s enforcement.

In order to make the agreement unenforceable, a spouse must show that:

  • There was no voluntary signing of the agreement
  • The agreement was unreasonable
  • The spouse was not given full disclosure of the obligations outlined in the agreement

Questions About Prenups? Call (832) 781-0320.

While both pre- and postmarital agreements aren’t the most romantic aspect of a marriage, they can still be highly beneficial for nearly any couple. Even if you never plan on getting divorced, these agreements can help protect your interests as both an individual and a couple.

In order to provide the highest-possible standard of counsel for our clients, we have dedicated our firm to family law. When you retain Hunt Law Firm, you can expect representation that truly has your best interests in mind.

Don’t hesitate to secure quality counsel. Contact our Katy prenuptial and postnuptial agreement lawyers at Hunt Law Firm to discuss your options: (832) 781-0320

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