When it comes to structuring a postnuptial agreement, how should you prepare so that it will be enforceable should divorce arise? Postnuptial agreements are treated by courts in Texas in the same manner as ordinary contracts, which are governed by contract law and are subject to the principles of contract law. These agreements must, therefore, be drafted in order to comply with the rules governing the formation of all contracts. An experienced family law attorney is necessary to help you meet your objectives and protect your rights under the law.
At Neal Ashmore, our firm takes the time to listen to your concerns and help you determine whether a postnuptial agreement is appropriate. If you did not draft a prenuptial agreement, but you have decided that a post-marital agreement would benefit you and your spouse, our lawyers provide experienced counsel and financial planning advice.
Postnuptial agreements are created after the marriage has already taken place and seek to make clear what assets or properties remain under the control of that individual. For example, if one partner received a large inheritance and wishes to invest it into a new venture, the other partner may want to be protected from any future debt incurred by that new venture. Likewise, the partner making the investment may want to make sure he or she was the right to the income generated by that venture.
In other cases, partners simply wish to make sure that in the event of a divorce, assets, income, and properties are divided in a specific manner, rather than by existing Texas property laws.