Post and Prenups in Texas

Post and Prenups in Texas

When you’re getting married, all you can think about is your bright future ahead and the plans you’re going to make with your spouse. What you aren’t thinking about is everything that could go wrong.

Unfortunately, in the United States, about 39% of marriages end in divorce. While the rate has dropped since the 1980s, when it was at 50%, couples still face a lot of pressure when it comes to their relationships. They might both have to work in a time when the cost of living is rising, they may have student debt and credit card debt to pay off and they are perpetually busy because of their smartphones. It’s no wonder that people have trouble staying together.

To ensure you and your spouse are protected either way, and just to be safe, you can invest in a prenup or a postnup for your relationship. All you have to do is learn what both documents are, and then figure out which one is right for your relationship and situation.   

What Is a Prenup?

A prenup is a legal contract that a couple will sign prior to walking down the aisle. It will specify what property and assets belong to each person, who has what debt, and what the spouse’s financial arrangements will be.

Prenups are not only useful for divorce; since they lay out the financial responsibilities of each spouse in the marriage, they can take a lot of pressure off of a couple and force them to have possibly tough conversations before tying the knot. Financial stress is a huge source of divorce, so figuring out at least some solutions beforehand is wise.

On the downside, prenups can be a touchy subject. One spouse may think that the other believes the marriage is doomed. Or, if one spouse is not agreeable, that could tell the other spouse a lot about them. It could show how, perhaps, one spouse is getting married for all the wrong reasons, and that a loving partner would understand the reasoning for wanting to get a prenup.

Examples of How Prenups Work

In terms of assets, let’s say one partner has a trust fund from their parents, and they want to keep it to themselves. They could lay that out in the prenup and state that the trust fund would not be accessible to the other partner in a divorce.

With debt, maybe one spouse got an advanced degree from a university and amassed hundreds of thousands of dollars worth of debt. Though their partner is happy to help them pay back the debt while they’re married, if they were to divorce, that partner does not want any responsibility for the debt.

If the couple is on their second marriage, one partner might want to stipulate that all of their inheritance will go to a child from a first marriage in the prenup.

The prenup is also useful because it lays the ground rules for the financial responsibilities in the marriage. For example, it can state that one spouse will manage all the bills, while the other will be responsible for any investments made.

What Is a Postnup?

A postnup is pretty much the same as a prenup, except that it’s created after the wedding takes place. It can be written up years after the wedding, perhaps at a time when the couple is fighting over finances and needs to sort things out. It can be used as a tool to save an ailing marriage and make sure it gets back on track and both spouses are happier.

How Prenups and Postnups Work in Texas

Many Texas couples choose to get a prenup or a postnup in order to protect their marriage and themselves. According to Texas law, in order for a prenup or a postnup to be valid, it must adhere to some legal standards.

Both documents must be in writing, signed by both parties, and each person must be upfront about their financial situation (including assets and liabilities) and it must be signed with all the accurate and true information presented. Additionally, it cannot be signed under duress. For example, a postnup or prenup would be considered invalid if one spouse didn’t disclose they had a massive real estate portfolio, or maybe a ton of debt.

The one way to guarantee that a prenup or postnup is valid is to create it with the help of a lawyer.

Hiring a Prenup or Postnup Lawyer in Texas

A lawyer with experience creating prenups and postnups is going to be your best form of protection, and ensure that the document is actually valid. You’ll want to find a family lawyer who has made these kinds of documents before. You should also seek out one who is sensitive to your needs, as well as the needs of your spouse, and doesn’t make either one of you feel that the arrangement is unfair or unjust.

If you don’t have a lawyer, you run the risk of thinking that your prenup or postnup agreement is valid, when in fact, it may not hold up in court. That’s no way to go into a marriage or try to solve a problem in a marriage after you’ve made your vows.

If you’re getting married soon and want a prenup, or you are already married and think a postnup would help your situation, you should seek out a lawyer who can assist you for either need.

The experienced family lawyers at Boudreaux Hunter & Associates, LLC are available to consult with you during this time. We can provide valuable insight to the complex nature of these documents, and, of course, our initial consultation is always at no charge to you and your spouse (or spouse-to-be). Learn more about our prenup and postnup agreements, or contact us now to schedule a confidential consultation.


About the Author:

Boudreaux Hunter & Associates, LLC


At Boudreaux | Hunter & Associates, LLC, we are devoted to helping families work through some of the most difficult times in their lives. Divorce and family law can be among the most emotionally draining and complex legal fields to work through, and it is essential to ensure the lawyer you entrust your case with is well-qualified. Family & Divorce Attorney Serving Houston, TXOur family & divorce lawyers in Houston, TX offer the extensive experience and supportive guidance clients need to get through their divorce or other family matter as favorably as possible. Filing for divorce is never easy. In fact, it can be one of the most difficult decisions you’ve ever had to make.... View full business profile here: Boudreaux Hunter & Associates, LLC





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