Similar to prenuptial agreements, Texas law allows parties to contract, even after the marriage, how property shall be characterized (as separate or community property). The parties may also agree how property acquired before or after the agreement is signed shall be characterized. As long as contract provisions are not illegal and do not violate public policy, a Court will almost certainly enforce these types of agreements. Robert Tsai has served clients through drafting simple and complicated postnuptial agreements.
A prenuptial agreement is a contract that a couple creates prior to marriage. It outlines all the terms of divorce in the event of dissolution. A postnuptial agreement is simply a prenup created after the marriage takes place.
As long as your prenuptial agreement meets the requirements of Texas state law, it will be enforceable in court.
The state of Texas recognizes the enforceability of postnuptial or partition agreements, which can provide a useful solution to avoid community property laws.
You can write your own postnuptial agreement for free, or for a nominal fee by downloading a template from the internet. However, we recommend that you seek independent counsel for both parties to ensure that the contract accurately reflects your intent.
To get started with drafting your postnuptial agreement, request a consultation today.