Postnuptial agreements, often referred to as “postnups,” are legal documents designed to outline the division of assets, liabilities, and other financial matters between spouses in the event of divorce or death. In Texas, like in many other states, postnuptial agreements provide a valuable tool for couples to clarify their financial rights and responsibilities during marriage—and address potential issues that may arise in the future (i.e., what happens if the parties divorce). To best protect their interests, understanding what is required for a postnuptial agreement in Texas is essential for couples considering this option.
Postnuptial Agreements Are Governed By Texas State Law
In Texas, postnuptial agreements are governed by state laws, notably Chapter 4 of the Texas Family Code. In general, the “formalities” of such an agreement tracks those of a pre-nuptial agreement. According to the relevant statutes, a postnuptial agreement must be in writing and signed voluntarily by both parties.
Furthermore, Texas law requires that both parties enter into the postnuptial agreement having acknowledged a full understanding of its terms and implications. This means that each spouse must have the mental capacity to comprehend the agreement and must not be under duress or undue influence at the time of signing. If there is evidence of coercion or fraud, a court could invalidate the postnuptial agreement.
Postnups must specifically identify what matters are being addressed. For example, one form of a postnuptial agreement is called a “partition and exchange agreement.” Within this type of agreement, spouses agree to convert certain community properties to separate property. Without listing the specific items being converted, such a postnup would be unenforceable.
Child Custody and Child Support Cannot Be Addressed
It’s important to note that postnuptial agreements, like pre-nuptial agreements, in Texas cannot validly address issues related to child custody or child support. A court of appropriate jurisdiction determines these matters based on the child’s best interests at the time of divorce or separation—though nothing stops the parties from reaching agreements at the time of their divorce. Additionally, postnuptial agreements cannot include provisions that violate public policy or are illegal under state law.
Given the intricacies involved in drafting and executing postnuptial agreements in Texas, couples should seek the guidance of a qualified Dallas postnuptial agreement attorney. This professional can offer valuable legal advice and assistance in crafting an agreement that complies with Texas law and meets the couple’s specific needs and objectives. Having our knowledgeable attorneys by your side can provide reassurance and ensure that your agreement is valid and enforceable.
Postnuptial agreements in Texas require careful consideration and adherence to state law to ensure their validity and enforceability. Couples contemplating a postnuptial agreement should be aware of the requirements outlined in the Texas Family Code and seek the assistance of our knowledgeable postnuptial agreement attorneys to guide them through the process. By protecting their financial interests, couples can gain peace of mind and clarity regarding their legal rights and obligations during marriage.
Call Our Dallas Postnuptial Agreement Attorney For Exceptional Legal Service!
Do you have questions about creating a postnuptial agreement in Texas? Seek guidance and legal support at Orsinger, Nelson, Downing & Anderson. Contact our Dallas postnuptial agreement attorneys at (214) 273-2400 today to schedule a confidential case review.
We’re prepared to assist you in understanding postnuptial agreements and safeguarding your rights and financial interests. Don’t leave your financial future uncertain—call Orsinger, Nelson, Downing & Anderson today for experienced legal guidance.