To learn more about the Texas community property rules, and how they might produce unfair or unanticipated results in the event of a divorce, read my article: 5 Reasons Why People Want Prenuptial Agreements. As an Austin prenup lawyer, I can help you understand the difference between a prenup and a postnup. A prenuptial agreement or prenup is a legally binding contract between two people who are not yet married, but who intend to get married.
A prenup sets out how property each spouse brought into the marriage will be handled and how property acquired during the marriage will be owned, as well as how it would be divided in the case of divorce or death. In the event of divorce, a prenup gives you and your spouse control over how assets would be divided in the event of divorce. This is the main purpose, function and advantage of a prenuptial agreement. However, a prenups can also play a critical role in proving what a person owned at the time of marriage.
In general, anything you brought into the marriage is considered separate property, not community property. Separate property does not get divided between spouses in a divorce.
If you owned it before marriage, you keep it in a divorce. However, proving what you owned way back when you got married can be difficult, time consuming and expensive. And, in some cases, impossible if the records no longer exist. A prenup solves this problem by listing what you owned when you got married. As a result, you might not have to hire an expensive expert witnesses, such as a forensic accountant, to prove what you owned at the time of marriage in a Texas divorce case.
A prenup not only provides protection against unfair and unexpected results in the event of a divorce, but also serves as a valuable part of your estate planning. Changes can only be made before a wedding or during the marriage. It may be notarized or acknowledged and may be the subject of the statute of frauds. Like the contents of a prenuptial agreement, provisions vary widely but commonly includes provisions for division of property and spousal support in the event of a divorce, death of one of the spouses, or breakup of the marriage.
Postnuptial agreements generally define the division of property gained after a couple is married, so the contracts are focused on different assets than prenuptial agreements. Check your state law. Although all states allow you to revoke a prenuptial agreement, some do not allow you to modify the agreement after marriage, and a postnuptial agreement will have limited or no effect.
We can help families on both sides of this issue. We are committed to helping families resolve legal challenges and get back to their lives.
We offer the guidance and support that you will need when you are involved with the legal system. Contact Us for a Consultation Today. Helmer Somers Law helps individuals and businesses navigate the complex system of rules that accompany all legal situations. Many people learn more about prenups after their wedding, and wonder whether they can enter into a prenup after marriage.
The short answer is no. Prenuptial agreements must be completed before marriage. In the most general terms, a postnuptial agreement is a contract between two spouses entered into after their wedding ceremony, anywhere from weeks to years later.
For many years, Connecticut courts found postnuptial agreements contrary to public policy in part because courts believed at that time postnups encouraged divorce. But in the case Bedrick v. Bedrick , Connecticut shifted its position on postnups and acknowledged that they can help:. Read: What is a Postnup?
Read: What is a Prenup? Postnups are used to address many of the same issues as prenups.
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