Prenup Lawyers in Pearland, Texas
Draft a Marital Agreement in the Greater Houston Area
Whether you have been married for several years or are currently planning your wedding, it is never too late or too early to create legal agreements. Pre and post-nuptial agreements can be great tools to help both you and your spouse distinguish assets and come to an understanding with certain aspects of your marriage. You may wish to lay the groundwork for a potential divorce, such as how child custody or spousal support will be handled, or rather focus on how marital and non-marital property will be separated.
Regardless of your situation, pre and post-nuptial agreements can effectively help you and your spouse avoid conflict or tension over certain issues within your marriage. By planning ahead, you can have peace of mind about the direction of your marriage at all times.
What is the Difference Between a Prenup and Postnup?
While both a prenup and postnup are similar in many ways, they have key differences. The biggest difference is the date of creation. A prenuptial agreement is signed before the marriage, while a postnuptial agreement is signed after the marriage. A postnuptial agreement is helpful for couples who are experiencing significant change in their lives and need to make certain modifications to protect their assets. A large benefit of having a prenup is to help protect yourself from any future debt acquired by your future spouse.
The Benefits of Having a Prenuptial / Postnuptial Agreement
As seasoned Pearland prenup attorneys, we have seen many marriages go through ups and downs. Even if you just go through a temporary separation, having a road map for what that will look like can protect both you and your spouse from unnecessary legal complications and arguments.
A prenuptial agreement offers the following benefits:
- Gives both couples a sense of security
- Protects a business from being affected by divorce
- Provides protections for children from a prior marriage or relationship
- Allows significant or personal property to be handled as wished
- Creates a road map for a blended family in the event of a death
It is important to understand that the more assets you bring into a marriage, the more crucial it is for you to ensure these assets do not become a source of conflict. Similarly, a couple may choose to take these steps of protection after marriage by utilizing a post-nuptial agreement. In this type of agreement, a couple can keep what is normally seen as marital property separate, so that each spouse takes away what they put in if divorce was to occur.
What Makes a Premarital Agreement Valid and Invalid?
If you and your partner decide to draft a premarital agreement, it’s wise to acquire the help of our lawyers to be sure the document is valid and enforceable. Common mistakes that could invalidate your prenup include:
- Failure of either partner to accurately disclose all assets and debts
- Forcing your spouse to sign the prenup against their will
- Signing the document without a proper understanding of all it entails and calls for, especially when that party did not have their own legal representation to provide counsel and further understanding
- Signing the document without adequate time to read and contemplate it
- Drafting a document noncompliant with Texas laws
- Including unfair and unconscionable provisions, such as ridding one party’s obligation to pay child support
- Failure to document the agreements in writing and before the wedding
Our attorneys will help you avoid these and other mistakes to draft a binding protective document that you and your spouse-to-be can agree on.
Are you considering a prenup or post-nuptial agreement? Contact us today for a consultation!