Close this search box.
Close this search box.

Premarital & Postnuptial Agreements

Family Law

Frisco Pre- and Postnuptial Agreement Attorney

Avoid Future Marital Conflicts and Protect Your Rights with a Pre- or Postnuptial Agreement

Whether you are entering a marriage with significant assets, blending families, or simply seeking financial clarity and security, our Frisco prenuptial and postnuptial agreements lawyer is here to help. At Albin Oldner Law, our skilled Frisco family attorneys draft premarital and postnuptial agreements for Frisco and North Texas clients. We protect our client’s rights and interests as we prepare prenups that define each party’s rights, duties, and obligations during the marriage and in the event of a death or divorce.

Schedule a consultation today to discuss how we can tailor an agreement to your unique situation, protect your future, and ensure peace of mind for you and your loved ones. Call (214) 423-5100 now.

Consult our Frisco prenuptial agreement attorney with any prenuptial questions you may have.

What is a prenuptial agreement, and how can it protect me and my family?

A prenuptial is an agreement entered into before marriage by both spouses. It defines what happens to you and your spouse’s assets in the unfortunate event of divorce or death. One of the most common reasons couples enter into a prenuptial agreement is to prevent separate property (property you obtain before marriage) from becoming community property.

By entering into a prenuptial, you can:

What is a postnuptial agreement?

A postnuptial agreement is a legal document designed to outline how assets and financial responsibilities will be handled during the marriage and in the event of a divorce or the death of one spouse. Unlike a prenuptial agreement, which is executed before the wedding, a postnuptial agreement is entered when the couple is legally bound by marriage.

The core purpose of a postnuptial agreement is to provide clarity and certainty regarding the distribution of assets, debts, and the financial obligations of each spouse. It allows couples to make deliberate decisions about their financial future rather than leaving these decisions to Texas’s default laws on marital property and inheritance.

What a prenup can and cannot do

Prenuptial and post-nuptial agreements can address almost any issue the parties want to include. The most common reason people get a premarital agreement is to modify traditional community property rights. Under Texas family law, the property you bring into your marriage is considered your separate property. Still, any income from that property during your marriage is community property. You can designate that income separately from the marriage pool with a prenuptial agreement.

The only issues that can be settled in a prenuptial agreement with court approval involve child custody, visitation, and child support. That only makes sense. You cannot foresee the needs of children.

What are some examples of situations where a prenup can be useful?

Take, for example, the 2nd marriage of an older couple with adult children. Those children may feel suspicious of the second spouse and fearful that this marriage would compromise their inheritance. A premarital agreement can reassure them that their inheritance is safe, freeing them to accept the new family member.

A premarital agreement can also provide security to a business partnership by spelling out whether a new spouse will or will not be interested in the business.

That said, there are also good reasons why you might not want a prenup. If you’ve been asked to sign a prenup and are unsure about the terms, our Frisco premarital agreements lawyer would happily meet with you to discuss your concerns.

More benefits and ways a pre- or postnup can help

Understanding the broader implications and specific legalities of these agreements in Texas is essential for any couple considering their options.

Financial obligations during marriage

Our agreements detail each spouse’s financial responsibilities throughout the marriage, covering aspects such as contributions to joint living expenses, individual financial autonomy, and arrangements regarding savings and investments. This clarity fosters transparency and mutual understanding, reducing potential conflicts over finances.

Division of debt

We address the crucial aspect of debt division, ensuring that any pre-marital or marital debt is equitably managed. Our agreements can specify which party is responsible for specific debts, protecting individuals from unforeseen financial burdens in the event of a divorce.

Spousal support (alimony)

Our tailored agreements can outline provisions for spousal support, defining the conditions, amount, and duration of payments. This preemptive approach offers both parties a clear understanding and agreement on future financial support if necessary.

State-specific laws and requirements

Texas law sets specific standards for the enforceability of prenuptial and postnuptial agreements. To uphold the validity of your agreement, we ensure full compliance with these requirements, including voluntary consent, fair and reasonable provisions, and complete financial disclosure.

Amendment and revocation

Circumstances change, and so can your agreement. We guide couples through the legal process of amending or revoking their agreements, ensuring that any modifications are legally binding and reflect current wishes and situations.

Role of mediation in drafting agreements

Mediation offers a constructive way to negotiate and draft agreements for couples seeking a collaborative approach. Our firm can facilitate mediation sessions, helping couples reach amicable decisions on contentious issues.

Impact on estate planning

Prenuptial and postnuptial agreements intersect significantly with estate planning. We advise how these agreements can complement your estate plans, ensuring your assets are distributed according to your wishes, potentially overriding default state laws or previous wills and trusts.

Rights to future earnings and intellectual property

Our agreements can include provisions for protecting future earnings, business interests, and intellectual property rights acquired during the marriage, ensuring that individual achievements and assets are appropriately acknowledged and protected.

Procedure for challenging agreements in court

While we strive to draft ironclad agreements, we educate our clients on the potential grounds for legal challenges, such as coercion, fraud, or inadequate representation, and how to fortify their agreements against such disputes.

Benefits for all couples

Contrary to common belief, prenuptial and postnuptial agreements are not solely for the wealthy. They offer numerous benefits for all couples by clarifying financial expectations and responsibilities, protecting individual assets, and providing peace of mind.

Ensuring your premarital agreement is valid.

Here are the essential steps and considerations to ensure that your pre- or postmarital agreement is legally sound.

Contact our Frisco Postnuptial lawyer to go over any terms you may have missed.

1. Voluntary execution

Both parties must agree voluntarily, without any form of duress, coercion, or undue pressure.

2. Full and fair disclosure

A cornerstone of the validity of premarital and postmarital agreements is the full and fair disclosure of all assets, liabilities, income, and financial obligations by both parties.

3. Independent legal representation

Each party should have its independent legal counsel. This ensures that both parties fully understand the agreement’s terms, the rights they may be waiving, and its implications on their future. Independent legal advice can also help protect the agreement from being challenged because a party did not understand what they were signing.

4. Fair and reasonable term

The terms of the agreement must be fair and reasonable at the time of signing and at the time of enforcement. A court can scrutinize an agreement that heavily favors one party over the other or imposes an undue financial burden on one spouse for fairness, especially if circumstances have changed in a way that makes the agreement unconscionable.

5. Compliance with state laws

Premarital and postmarital agreements are subject to state laws, including statutory waiting periods, witnessing requirements, and adherence to state-specific provisions about what can and cannot be included in such agreements.

6. Proper execution and documentation

The agreement must be executed appropriately according to legal standards, which typically include being in writing and signed by both parties. Proper documentation and secure storage of the agreement are also essential to prevent disputes about its authenticity or modifications.

7. Exclusion of non-allowed provisions

Premarital and postmarital agreements cannot include terms that violate public policy, such as clauses attempting to limit child support, custody, or visitation rights.

8. Consideration of changes in circumstances

While it’s impossible to predict every change in circumstance, considering and allowing for the modification of the agreement under certain conditions can help maintain its validity and fairness over time. Parties can include clauses that trigger reviews of the agreement under specific circumstances, such as the birth of children, significant changes in finances, or relocation to another state.

To ensure your premarital or postmarital agreement is valid, you must work with knowledgeable legal professionals who specialize in family law in your state. They can provide the guidance needed to navigate the complex legal landscape, draft a comprehensive agreement that meets all legal requirements, and safeguard your interests now and in the future.

Frequently asked questions about pre- and postnuptial agreements in Frisco

A partition agreement is a legal instrument used by co-owners of a property to divide their joint interests in real estate into separate portions, allowing each owner to have an individual, undivided interest in a part of the property. This tool is particularly useful when co-owners wish to dissolve their joint ownership without selling the property outright, such as in cases of inheritance disputes, divorce settlements, or simply when co-owners decide they no longer wish to hold property together.

A prenup should be carefully crafted for asset protection to include specific provisions that safeguard individual assets, define financial responsibilities, and ensure that both parties’ interests are protected. Here’s what a prenup should include for comprehensive asset protection:

  • Identification of separate property
  • Division of marital property
  • Management of debts
  • Spousal support and alimony
  • Business ownership and interests
  • Inheritance and gifts
  • Retirement and investment accounts
  • Provisions for children from previous relationships
  • Tax considerations
  • Sunset clause

Schedule a consultation with a Frisco pre- and postnup attorney

Prenuptial and postnuptial agreements offer a strategic approach to safeguarding your personal and financial future, regardless of your wealth status. At Albin Oldner Law, we understand the sensitivity and significance of these agreements. We are committed to providing comprehensive, compassionate legal guidance to protect your rights and interests.

Schedule a consultation with us today and take the first step toward peace of mind and financial security in your marriage.

Related articles for further reading

Call Albin Oldner Law, PLLC at (214) 423-5100 or contact us online

Let Our Firm Help

Get a Consultation Today

This field is for validation purposes and should be left unchanged.

This field is for validation purposes and should be left unchanged.

Contact Us
Skip to content