Premarital & Postmarital Agreements

Premarital & Postmarital…

Frisco, Texas Prenuptial Agreement Attorneys

One of the biggest sources of conflict in a marriage is when partners commit to each other without understanding each other's expectations. A premarital agreement (also called a prenuptial agreement, or "prenup") or postmarital agreement can help to clarify expectations, getting a marriage off on the right foot.

A common misconception about premarital agreements is that couples who enter into them are planning to divorce before they even marry. As a result, many people who are asked to consider prenups are concerned that their partner is not fully committing to the marriage, or is not willing to share with them as a partner should.

In reality, a well-drafted premarital agreement can make a marriage more likely to succeed. When a couple has to discuss finances and other difficult issues up front, they avoid the prospect of entering a marriage only to find out that they and their spouse have different values and needs. Premarital agreements can be especially beneficial when one or both parties have children from a previous marriage whose interests they want to protect, or when the parties have a significant difference in net worth.

At May and May, we help clients begin marriage with their eyes wide open and all the information they need in front of them.

How Premarital and Postmarital Agreements Work in Texas

In Texas, a court will enforce a premarital or postmarital agreement unless there is clear and convincing evidence in support of one of two scenarios, namely:

  • One party did not sign the agreement voluntarily, or
  • The agreement was unconscionable (unreasonable and unfair) when signed, and the party signing it did not have (or waive their right to) a full disclosure about the other party's assets and debts.

Parties can make an agreement regarding many issues, such as:

  • The rights and obligations of each of them regarding property acquired before or after marriage
  • How property will be divided in the event of separation or divorce, or some other event
  • Spousal support
  • How property will be disposed of when one party dies
  • How parties will create an estate plan to comply with the agreement
  • Who will own life insurance policies
  • What state's law will govern disputes over the agreement

Parties can essentially make an agreement about anything, including personal rights and obligations, so long as their agreement does not violate a law or public policy. For instance, parties cannot make an agreement that would adversely affect the right of a child to child support.

A premarital agreement takes effect upon the parties' marriage. In order to be valid, these agreements need to comply with specific requirements under Texas law. Couples who didn't sign a premarital agreement can also decide to sign a postmarital agreement after marriage. After an agreement takes effect, it can be modified or revoked in writing by the spouses. Our attorneys will work with you to craft an agreement customized to your needs and designed to protect your interests as well as those of your spouse.

Experienced Premarital Agreement Attorneys Serving Collin and Denton Counties

The attorneys of May and May offers clients in Collin County and Denton County representation in a variety of matters relating to premarital and postmarital agreements, including:

  • Drafting of premarital and postmarital agreements
  • Review of agreements drafted by other attorneys for our client's signature
  • Modification and revocation of agreements
  • Enforcement of agreements or challenges to enforcement

Attorney Marc May is Board Certified in family law by the Texas Board of Legal Specialization and has over 30 years of practice experience in family law matters, including prenuptial agreements.

May and May serves clients in Collin County, Denton County, and the surrounding areas of North Texas. We invite you to explore our website and to contact our law firm to learn more about how we can help you.

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