As Featured In
It may come as a surprise to learn that postnuptial agreements are enforceable between two former spouses as most spouses only consider the idea of a prenuptial agreement. Similar to prenuptial agreements, postnuptial agreements are used to set out certain rights of each spouse regarding a divorce. If you need assistance with drafting a postnuptial agreement in Texas, you should consult with an experienced Houston postnuptial agreement lawyer as soon as possible.
The Queenan Law Firm, P.C., understands that divorce can be difficult for a family, and we are here for you in your time of need. Our legal team has worked on a variety of family law cases, and we would welcome the opportunity to help you get started on your postnuptial agreement. To schedule a free legal consultation to discuss your postnuptial agreement, you should contact the Queenan Law Firm, P.C., at (817) 476-1797. You can also use our online submission form to schedule your consultation.
Community Property Laws for Postnuptial Agreements in Houston, TX
The State of Texas follows the community property rule for marriages. Under the community property rule, any property obtained by a spouse during the course of a marriage is owned by both spouses. However, this rule also provides that if a spouse obtained property prior to a marriage, this property would not be included when determining community property. There are other circumstances where the property would not be considered community property, like if a spouse received a personal injury settlement.
To prevent the intermingling of money and assets due to the community property law, a couple may choose to file a prenuptial agreement in Houston, TX that lays out what property will be safe in the event of a divorce. Alternatively, during the stages of divorce, the spouses will likely want to set out what property and obligations each spouse gets to keep by using a postnuptial agreement.
Without a postnuptial agreement, the rules of community property would divide property between spouses based on a variety of factors. For example, if one spouse were a homemaker for the duration of the marriage while the other spouse worked, this would severely affect the distribution of property. There are other factors that may be used to divide property through Texas’ community property law:
- The education and earning potential of each spouse
- Whether the dissolution of the marriage was mutual or due to a spouse’s actions (e.g., excessive gambling)
- Which spouse assumes care of any children from the marriage
- The overall health of each spouse
This is not a comprehensive list. To learn more about how postnuptial agreements work in Texas, you should continue reading and speak with an experienced Houston postnuptial agreement and family law attorney.
How Postnuptial Agreements Work in Houston, TX
As mentioned, Houston postnuptial agreements allow a divorcee to allocate property and other interests during a divorce. Specifically, this legal document will enable a divorcee to choose which community property will be treated as non-marital property. For example, the former spouses may agree to sell the marital home and to split the profits evenly.
Note, however, that postnuptial agreements require former spouses to have the ability to compromise and agree to the terms of the contract. This may be difficult if one spouse feels that the other has more leverage. Additionally, the postnuptial agreement must be executed in writing and must be signed by both spouses who clearly understand what rights they may be giving up.
To ensure that each spouse’s interest is conveyed, it would be wise for each spouse to retain a separate attorney. An attorney would have a conflict of interest if they negotiated a postnuptial agreement on behalf of both spouses.
A spouse did not have representation during the postnuptial agreement could lead to a number of other legal issues. For example, if the spouse feels that they were coerced into the contract by their former spouse and the opposing counsel, this may create a valid claim to deem the agreement unenforceable. Securing a Houston prenuptial agreement attorney for each party will increase the likelihood that the agreement will be honored.
Benefits of Postnuptial Agreements
Postnuptial agreements are popular because they allow spouses to skip out on many of the hurdles associated with a divorce. For example, if spouses cannot agree on what property to split, they could become embroiled in a stressful and expensive legal battle on a wide range of topics.
Another benefit of postnuptial agreements is the ability to provide for children of one spouse. The community property laws in Texas will likely affect a child’s inheritance if they were born outside of the marriage. A postnuptial agreement will allow a spouse to secure the property that can be passed on to their child.
There are many other reasons that spouses may agree to a postnuptial agreement. The Queenan Law Firm, P.C., is here to walk you through the benefits of drafting a postnuptial agreement during a divorce in Texas.
Consult with Our Experienced Houston Postnuptial Agreement Lawyers to Discuss Your Case
If you need legal assistance to draft a postnuptial agreement after a divorce, you should speak with an experienced Houston postnuptial agreement attorney immediately. Enduring a divorce can be challenging for any person. However, a postnuptial agreement can make it easier to manage a divorce. To schedule a free legal consultation to discuss your divorce, contact the Queenan Law Firm, P.C. at (817) 476-1797. You may also contact our firm online.