Prenuptial and Postnuptial Agreements

For those entering into marriage later in life, a prenuptial contract is often a wise decision, especially for individuals with considerable net worth. A prenuptial agreement allows couples to keep current and future business interests separate from marital assets and ensures appropriate inheritance for children from prior marriages. Prenuptial agreements determine how property will be owned and transferred. A typical prenuptial agreement will specify:

  • Property to be held in common
  • Property to be considered separate
  • Property division for assets acquired during the marriage in the event of divorce
  • Whether investment income will be considered community property
  • Parties that will inherit property upon the death of one party

Many married couples opt to enter into a postnuptial agreement, especially if one or both have significant assets. Because Texas is a community property state, a postnuptial agreement may be used to partition for the exchange of separate and/or community property rights or to convert separate property into community property. A postnuptial agreement effectively defines and clarifies each party’s separate and community property assets and debts.

Will your prenuptial or postnuptial agreement hold up in court?

Drastically changed circumstances can invalidate an agreement that is suddenly unfair to one party. However, an agreement that is properly structured is likely to be upheld. We prepare hundreds of prenuptial and postnuptial agreements each year and have rarely had one not be upheld.