Prenuptial and Postnuptial Agreements
Under Texas law, spouses have the right to enter into written property agreements both prior to and during their marriage. These agreements are often structured to confirm the property each spouse owns prior to marriage but may address other issues as well.
Other issues which may be addressed in these agreements include:
- Alimony in the event of separation or divorce.
- Whether any community property will be created during the marriage.
- How community property will be divided in the event of divorce.
- Contribution of income by each spouse for living expenses during the marriage.
- Protection of separate assets from the creditors of the other spouse.
Prenuptial and Postnuptial Agreements are often quite complex. If a Prenuptial Agreement is contemplated, it is recommended that it be drafted and signed by the parties within a reasonable time before their wedding date. It is also recommended that each party be represented by independent counsel during the process of drafting and signing a Prenuptial or Postnuptial Agreement.