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Pre-Marital and Post-Marital Agreement Attorneys

Under Texas Law, people can enter into pre-marital agreements (also known as prenuptial agreements) and post-marital agreements (also known as post-nuptial agreements, marital property agreements, or partition agreements) to define their property rights during marriage and to set out what will happen upon divorce.

Pre-Marital Agreements

A premarital agreement (also known as a prenuptial agreement) is an agreement made between prospective spouses, in contemplation of marriage, which becomes effective on marriage. Pre-marital agreements allow prospective spouses to define their rights and contract around the rules set out in the Texas Family Code. A pre-marital agreement must be in writing and signed by both parties. There are certain statutory defenses which, if proved, can render a pre-marital agreement unenforceable.

Pre-marital agreements are presumptively enforceable in Texas if they are drafted properly and contain all required elements set out in the Texas Family Code. If you are considering a pre-marital agreement, it is imperative that you consult with an experienced attorney to discuss whether such an agreement is right for you and to ensure that the agreement is properly drafted. At Stinson Moyle, PLLC, we have extensive experience in drafting, enforcing and defending against pre-marital agreements.

Post-Marital Agreements

A post-marital agreement (also known as a post-nuptial agreement, a marital property agreement, or a partition agreement) is an agreement made between spouses during marriage. Like pre-marital agreements, post-marital agreements allow spouses to define their property rights in a manner that is different from the rules in the Texas Family Code. A post-marital agreement must be in writing and signed by both parties. A post-marital agreement allows spouses to convert community property to the separate property of one spouse. It can also define the rights and obligations of spouses and the disposition of property in the event of death or divorce.

If you have questions or concerns about your pre-marital agreement or post-marital agreement, or if you are interested in drafting an agreement or enforcing an agreement, contact Stinson Moyle, PLLC today.

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