Postnuptial Agreements in Texas Family Law

Earlier this week, the attorneys at the Law Office of Bryan Fagan, PLLC, delved into the intricacies of premarital agreements in their blog post, shedding light on their significance within a marriage. Today, we pivot our focus to another important legal document: postnuptial agreements, often considered the lesser-known counterpart to prenuptial agreements, especially in Texas. These agreements, entered into after marriage, can provide couples with clarity and reassurance regarding financial matters and asset division, offering valuable protection and peace of mind for spouses navigating the complexities of marriage in Texas.

Postnuptial agreements in accordance with the Texas Family Code require drafting and agreeing to them while ensuring compliance with any relevant state laws. If you and your spouse agree on any matter that is outside of the law, then you risk a judge declaring at least that section unenforceable and void.

You and your spouse must ensure that the terminology used in your agreements is coherent and complies with our Family Code. Therefore, having experienced representatives on your side during a negotiation process can be extremely helpful. Let’s explore postnuptial agreements in greater detail.

Postnuptial Agreements- A breakdown of what they are and what they do

As I noted at the outset of this blog, postnuptial agreements are not as well known as prenuptial agreements. Our culture has made prenuptial agreements a little more well known. Whether through music, television, or movies, the term “prenup” is one that we hear with more and more these days.

A postnuptial agreement aims to prompt you and your spouse to closely examine any issues causing difficulties in your marriage and find solutions promptly. Additionally, it encourages open communication and collaboration, fostering a deeper understanding and mutual respect between partners.

The solution will ostensibly be agreeable to both you and your spouse now and will benefit you all by creating a more amicable divorce (theoretically) should the need arise later.