Most people are familiar with the “prenup,” a prenuptial agreement signed by both parties before a marriage takes place. It usually provides for division of property, spousal support, and other important factors in the event of a divorce.
But you may not realize that if you don’t do a prenup, you do have the option of a “postnup”—a postnuptial agreement or contract that serves the same purpose. The biggest difference between the two is timing—a postnup is drafted, written and executed after you’re married. This can happen any time after the date of marriage.
Texas Requirements—Are They Enforceable?
Much like a prenup, postnups are required to be in writing, signed by both parties who are agreeing to the terms. Both parties must have the capacity to sign, and must do so voluntarily. Additionally, both parties must provide full and fair disclosure of all assets and liabilities, and the agreement does not violate public law, state law, and is not “unconscionable.”
With these conditions, Texas courts will uphold the enforceability of a postnuptial agreement. You can also file a declaratory judgment action, which will request that the court validate your agreement and help diffuse disputes over enforceability later.
These agreements can be revoked at any time, as long as it’s in writing and signed by both parties.
It’s highly recommended that both parties have their own attorneys review the postnup before signing, and possibly a third, objective attorney review it for a “second opinion.”
Why Do This If We’re Already Married?
You don’t have to. But creating a postnup requires working together on a mutually beneficial agreement that will foster better communications and give both a better understanding of what each partner expects.
If things have changed since you signed a prenuptial agreement, you can use a postnup to modify the original agreement.
Creating a post-nuptial agreement with your spouse can prevent a divorce from becoming difficult.
While most people see these agreements as “getting ready for a divorce,” you don’t want to wait until divorce is imminent to begin working on one.
Let Fort Worth’s Family Law Attorney Help With Your Postnuptial Agreement
Wendy L. Hart is an experienced family law attorney helping people throughout Tarrant County needing help in family law matters. We represent both men and women in Fort Worth divorce and family law matters. We’ll make sure you’re treated fairly, and we’ll work to protect your interests and those of your children.