Prenuptial And Postnuptial Agreements In Texas
When a couple is getting married, they usually aren’t thinking about getting divorced or something happening to one spouse or the other. A prenuptial agreement can help legally define marital and nonmarital property before a couple gets married. A postnuptial agreement does the same but is entered into after a couple gets married. I founded my firm, the Law Office of Richard Lybarger in Sugar Land, to help couples with family law matters such as prenup and postnup agreements.
Why Do You Need Property Agreements?
In the state of Texas, there are laws that determine how property will be divided if a couple gets divorced. Usually, once a couple gets married, all assets, property and possessions that they earn or gain during the marriage are considered marital property. Certain gifts, inheritance and other property that they brought to the marriage are usually considered separate or nonmarital property. Premarital or postnuptial property agreements can specifically name and define marital and separate or nonmarital property.
What Is A Premarital Or Prenuptial Agreement?
A premarital or a prenuptial agreement legally defines your marital or community property and can name and identify what you agree to be separate or nonmarital property. A prenuptial agreement allows a couple to take the laws about community and separate property into consideration before marriage. A prenup agreement is only valid and becomes enforceable once a couple actually gets married. If a couple enters into a prenuptial agreement but decides not to go through with the wedding or marriage, the prenuptial agreement becomes null and void.
What Is A Postnuptial Agreement?
Even after a couple gets married, a postnuptial agreement can help a couple legally define their marital, or community, and nonmarital, or separate, property. A postnuptial agreement or a marital property agreement defines what will happen with property and finances and how they will be divided if the couple gets divorced or if something happens to one spouse or the other.
Common Law Marriage And Cohabitation Agreements
When a couple lives together for a long period of time, but then decides to separate, they don’t have the protection of divorce laws to help them divide their joint property and assets. Texas is a state that acknowledges or recognizes a common law marriage after cohabitation. However, it can be difficult to prove and establish the existence of a common law marriage. Since a prenup agreement only goes into effect when a couple actually gets married, a cohabitation agreement is a good option to protect each party’s property rights in the event of a separation. A cohabitation agreement can also define the rights of each party in the event one party becomes incapacitated.
Call Today For Advice From A Prenup Lawyer
Every couple’s circumstances are unique. As a family law attorney, I can help you protect your rights in a prenuptial, postnuptial or cohabitation agreement. You can schedule an appointment with me, Richard Lybarger, by calling my office at 713-678-0658 or by reaching out to me through my online form.