Denton County Marital Agreement Attorneys

Help with Prenups & More in Highland Village, Flower Mound, Lewisville, & Carrollton

When it comes to marital agreements, you may need help to figure out which is the best option for your situation. Should you have a prenuptial agreement? Postnuptial? Our experienced family law attorneys can help you answer these questions. 

We can also answer others, such as: 

• What are prenuptial agreements for?
• Does a prenuptial agreement mean that you do not trust the other person?
• How can identifying whose property is whose help a marriage to succeed?
• How can a prenuptial agreement help determine marital assets and debt if there is a divorce or death?
• Can a premarital agreement be flexible into the future?

Consult with experienced Denton County marital agreement attorneys at no cost. Call (972) 402-6367 or fill out our online contact form to schedule your free consultation. We’re here to help you navigate your marital agreement with confidence.

Why a Marital Agreement Is Important?

A marital agreement serves as an effective tool for managing expectations and minimizing potential conflicts during a marriage and in the event of a divorce. Texas law presumes that assets acquired during the marriage are subject to community property laws, meaning they are owned jointly by both spouses. However, marital agreements allow couples to establish how property will be classified and divided in the future, offering greater control over their financial matters.

One of the most significant benefits of a marital agreement is that it can help avoid lengthy and costly disputes in the event of a divorce. Divorce proceedings can often become contentious, especially when dividing assets and determining financial obligations. With a clear marital agreement in place, the terms of property division, spousal support, and debt responsibility are clearly defined, helping to reduce emotional stress and conflict.

Types of Marital Agreements in Texas

In Texas, there are two primary types of marital agreements: prenuptial agreements and postnuptial agreements. Each type of agreement serves a distinct purpose and can be used at different stages of a relationship. It’s essential to understand the difference between these two agreements to determine which is most appropriate for your situation.

Prenuptial Agreement

A prenuptial agreement, also known as a "prenup," is created before marriage. This agreement outlines how assets and debts will be divided in the event of divorce or separation and can also address spousal support. The prenuptial agreement is a way for individuals to protect their individual property and financial interests before tying the knot.

A prenuptial agreement is particularly useful for individuals who have significant assets, business interests, or other financial considerations that they want to protect in the event of divorce. It can also be helpful for individuals with children from a previous marriage, as it can address inheritance rights and ensure that children from both marriages are financially protected.

Postnuptial Agreement

A postnuptial agreement is similar to a prenuptial agreement, but it is created after the couple is already married. This type of agreement allows married couples to define how property and assets will be divided if they divorce or separate in the future. Postnuptial agreements can also address spousal support, debt division, and other financial matters.

There are various reasons why a married couple may opt for a postnuptial agreement. For example, couples may experience significant changes in their financial situation, such as receiving an inheritance, starting a business, or accumulating significant debt. A postnuptial agreement allows them to reassess how their assets and responsibilities should be handled in light of these changes.

What Can Be Included in a Marital Agreement?

Marital agreements are highly customizable, and the provisions included in the agreement will depend on the individual needs and preferences of the couple. Some of the most common provisions found in marital agreements in Texas include:

• Property Division: A marital agreement can specify which assets are considered separate property (owned by one spouse) and which are considered community property (owned jointly by both spouses). This division can include real estate, bank accounts, investments, retirement accounts, and personal property.
• Debt Division: In addition to dividing assets, marital agreements can also address how debts will be divided between the spouses. This can include credit card debt, mortgages, car loans, student loans, and other financial obligations. 
• Spousal Support (Alimony): A marital agreement can outline whether either spouse will be entitled to spousal support (alimony) in the event of divorce. The agreement can specify the amount, duration, and conditions under which alimony will be paid. Texas courts may consider the terms of the marital agreement when deciding whether alimony is appropriate, but the agreement provides a foundation for the determination.
• Business Interests: Individuals with business interests may want to protect their businesses in the event of a divorce. A marital agreement can define whether business assets are considered separate property and how they will be handled if the marriage ends.
• Inheritance Rights: A marital agreement can address inheritance rights, particularly when one or both spouses have children from previous relationships. The agreement can specify how assets will be distributed among children and spouses, ensuring that children from previous marriages are provided for in the event of a divorce or death.
• Retirement Accounts: Retirement accounts such as 401(k)s, pensions, and IRAs are often significant assets in a marriage. A marital agreement can specify how these accounts will be divided in the event of divorce, helping to protect each spouse's financial future.
• Lifestyle Clauses: In some cases, couples may choose to include lifestyle clauses in their marital agreement. These clauses can address issues such as the division of household responsibilities, expectations regarding fidelity, or even penalties for infidelity. While lifestyle clauses are not always enforceable in Texas, they can help establish mutual expectations within the marriage.

Legal Requirements for a Valid Marital Agreement in Texas

To ensure that a marital agreement is enforceable in Texas, it must meet certain legal requirements. These requirements help ensure that both parties are entering into the agreement voluntarily and with full knowledge of their rights and obligations.

• A marital agreement must be in writing to be enforceable. 
• Both parties must fully disclose their assets, debts, and financial situation before signing the marital agreement. 
• Both parties must sign the agreement voluntarily, without duress, coercion, or undue influence.
• While marital agreements are designed to protect both parties' interests, the terms must be fair and reasonable.

Why Choose Us?

Our lawyers take the time to listen to your concerns and can help you determine whether a prenuptial agreement is appropriate. Our attorneys are recognized for their integrity, creative approach to family law, and ability to effectively act in accordance with their client’s best interests.

The clients we have helped include people marrying after establishing themselves in business and seeking premarital agreements, or those with professional partnerships. We’ve also helped those entering into a second marriage with children from a previous relationship who wish to protect their children’s inheritance rights. Finally, we’ve helped young couples with substantial estates.

We can help you articulate your short-term and long-term financial goals. Some clients choose to draft a will and plan their estate instead of, or in addition to, documenting their assets through a prenuptial agreement.

In Texas, valid prenuptial agreements require that you and your intended marital partner have an attorney and that the agreement is mutual. Our firm’s caring, sensitive, and knowledgeable participation in your prenuptial agreement can help ensure it will be accepted and enforceable down the road.

To discuss the details of your case, send us a message or call (972) 402-6367.