Dallas Post-Marital Agreement Attorney
Navigating Post-Marital Agreements in Texas
Are you a married individual who is looking to protect your assets from an uncertain future? If so, a post-marital agreement may be the best means of meeting your needs. Post-marital agreements are legal documents that establish what assets and property belong to which spouse during marriage, as well as in the event of a future divorce.
No one ever hopes to get divorced, but the future is never certain. Make sure to protect your property and assets as soon as possible by retaining a Dallas postmarital agreement attorney who can help you draft a post-marital agreement. Call (214) 348-6723 today!
Why Choose Our Dallas Post-Marital Agreement Lawyers
Having an attorney by your side to guide you as you draft your post-marital agreement or pre-marital agreement ensures that you will make it as strong and unambiguous as possible.
The wording that you use in your agreement is very important, since confusing or unclear statements could cause you to lose possession of assets or property in a divorce - assets and property that rightfully belong to you.
Protect Your Assets with a Postnuptial Agreement
A postnuptial agreement, also known as a post-marital agreement, is a legal document that outlines how assets and debts will be divided in the event of a divorce. It can also address other important issues such as spousal support, property division, and more.
By creating a postnup, you can protect your assets and ensure that your interests are safeguarded in the future.
Our experienced Dallas postnuptial agreement attorneys at OWLawyers® can help you draft a comprehensive and enforceable postnup that meets your specific needs and concerns. Whether you are looking to protect a business, inheritance, or other assets, we can provide the guidance and legal expertise you need.
Benefits of a postnuptial agreement include:
- Clarifying financial expectations
- Protecting individual assets
- Avoiding costly litigation in the event of a divorce
- Providing peace of mind for both spouses
What Can I Include in My Postnup?
Like many states in the U.S., Texas utilizes elements of the Uniform Premarital and Marital Agreement Act, written by the National Conference of Commissioners on Uniform State Law in 1983, to dictate how marital agreements operate in the state.
You can use a postmarital agreement to:
- Determine how you and your spouse will distribute community property in the event of a divorce;
- Define what property acquired during your marriage should be considered separate property, and what should be considered community property;
- Decide how both parties are allowed to utilize community property, including terms for the selling, buying, use, transfer, exchange, abandon, lease, consumption, and more of community property;
- Set terms for distributing community property if the marriage ends involuntarily (such as with the death of a spouse);
- Decide to eliminate or modify the amount of spousal support owed by one spouse to the other in the event of a divorce;
- Establish how the parties will draft estate planning documents, such as a will or trust, with regards to the marital agreement; and
- Decide who benefits from the life insurance policies held by each spouse.
As you can see, marital agreements are more widely applicable than many people believe. However, you cannot utilize a marital agreement to determine how you and your spouse will handle child custody or support in the event of a divorce.
Not all marital agreements remain valid forever. To establish a marital agreement, both parties must hire their own legal representatives and follow specific guidelines, such as allowing the other party a set amount of time to review the proposed terms of the agreement.
Additionally, the parties must completely disclose their assets and liabilities to each other while drafting the agreement. For this reason, marital agreements are a great way to get on the same page as your spouse financially and ensure you maintain an equitable partnership.
Even if both parties sign a marital agreement, a court may rule it invalid if:
- One of the parties was coerced into signing the agreement against their will;
- One of the parties failed to properly disclose their property to the other while drafting the agreement;
- One party mistakenly signed the agreement or committed fraud through the agreement;
- The agreement is unconscionable for some other reason.
Courts often consider agreements unconscionable if the parties' circumstances changed considerably since signing the agreement, and the agreement hasn't changed to reflect those adjustments.
For example, if one party loses a significant amount of property post-signing, the original terms of the agreement may no longer be equitable for both parties.
For this reason, it's a good idea to consistently review your marital agreement and ensure that its terms remain equitable throughout your marriage.
Contact Our Dallas Post-Marital Agreement Lawyer Today
Our postnuptial agreement lawyers in Dallas at OWLawyers® can help you draft a clear and concise agreement that lists everything that belongs to you and the other spouse, and how your property should be divided in case of a divorce.
Our team has four certified family law specialists and more than 155 years of combined legal experience. If you are in need of compassionate service and relentless representation, look no further than OWLawyers®
Attorneys O'Neil and Wysocki founded our practice with the desire to provide high-quality service and results to clients throughout the Dallas area. Do not hesitate to contact OWLawyers® and learn what we can do to protect your assets after marriage.
Commonly Asked Questions About Post-Marital Agreements
What is a Post-Marital Agreement, and Why is It Important?
A post-marital agreement, often called a postnuptial agreement, is a legal contract created after marriage to outline the division of assets, debts, and property if the marriage ends in divorce or death. It allows couples to safeguard individual assets, define community property, and establish clear financial expectations, reducing potential disputes. In Texas, these agreements offer peace of mind and ensure both parties' interests are protected while fostering transparency and trust within the marriage.
Can I Include Spousal Support Terms in a Post-Marital Agreement?
Yes, a post-marital agreement can address spousal support, allowing couples to modify or waive such obligations in the event of a divorce. These terms must adhere to Texas law, be fair and reasonable, and reflect full financial disclosure by both spouses. To ensure enforceability, each party should have independent legal representation, and the agreement must be free from coercion or fraud. Thoughtfully crafted spousal support clauses can provide financial security and clarity for both partners.
What Happens If Circumstances Change After Signing a Post-Marital Agreement?
Life changes, such as a significant financial shift, loss of assets, or changes in health, can affect the fairness of a post-marital agreement. Courts may deem the agreement unenforceable if it becomes unconscionable due to these changes. To avoid this, couples should periodically review and update their agreement to reflect new circumstances, ensuring it remains equitable and valid. Regular revisions also help maintain legal and financial alignment within the marriage.
Call (214) 348-6723 today to arrange an initial consultation!
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