Prenuptial And Postnuptial Agreements
Not all prenuptial and postnuptial agreements address infidelity or divorce. Often, these agreements concern financial planning, protecting spouses from debt and preserving the interests of children.
Working with a board certified Texas Board of Legal Specialization family law attorney at Katie L. Lewis, P.C. Family Law can help you understand your rights and prepare a document that will strengthen, rather than divide, you and your partner. If you are not married to your partner, it is possible to enter into a partition/exchange agreement that can function similarly to a traditional prenuptial agreement. Contact our firm to learn more about this option and to discuss if you may be in a common law marriage.
Securing a prenuptial agreement will allow you and your spouse to better control your economic interests and plan your finances. An agreement can outline monetary goals and priorities for you as a couple during the marriage. For example, it is generally understood that in Texas, property held before a marriage is considered separate property. Often overlooked, however, is the increase in value of that property during marriage — this is most often considered community property. Consulting with an attorney regarding these hidden issues can help you and your partner better understand the legal aspects of a marriage and help you decide if a prenuptial agreement is right for you.
Not many people are aware that even after marriage, it is still possible to draw up a legal agreement that allows you to control your assets. Most commonly, couples will draft a postmarital, or postnuptial, agreement to protect the inheritance of their children or the interests of a new business venture.
In the event of a divorce or death of a spouse, a postnuptial agreement could stipulate that if either spouse remarries, all family assets will pass to their children rather than the new spouse. Postmarital agreements are not accepted in all states, though they are recognized in Texas, so it is worth consulting a lawyer to understand your rights.
Create A Healthy Relationship
No matter which agreement you choose, it is important to understand that it is all about protection and planning. You and your spouse can protect each other from debt, separate your businesses and provide support for the future. Call our Dallas office at 214-461-5028 to set up a consultation today.