Texas Prenuptial and Postnuptial Agreements

Couples in Sugar Land can benefit in unique ways from prenuptial and postnuptial agreements. Modern uses extend beyond asset protection.

Many people have long believed that prenuptial agreements are only needed by couples with extremely high net worth. While these Texas couples can indeed benefit from a marital contract that outlines the separate assets of each spouse, other couples can also find such agreements useful. Estate planning and reputation management are just two of the functions that prenuptial and postnuptial agreements can offer to husbands and wives.

The importance of being reasonable

Regardless of the nature of the contract, one of the most important things to keep in mind when developing a marital contract is the reasonableness of all provisions. Stipulations in a prenup that can be considered unreasonable may put the validity of the entire contract in jeopardy as noted by the Huffington Post. One example of such a clause would be the requirement that one spouse maintains a certain weight for the duration of the marriage.

Reputation management

A divorce in Texas is subject to the provisions of equitable distribution when it comes to dividing assets unless a marital contract stipulates otherwise. One area that the law does not offer a default path to is what is acceptable on the part of each spouse in a social media setting.

Fox News highlights that many people are beginning to include social media clauses in prenuptial agreements. These clauses can bar one spouse from making derogatory comments or posts about the other on social platforms, for example. This is one way of guarding against a damaged reputation in what a very public setting.

Estate planning

The New York Daily News published a story that provided details on how a prenuptial agreement can be used to outline wishes for estate planning. This can be of great use to couples who get married when they have children from earlier marriages. This use of a prenup can ensure that treasured family heirlooms or assets are kept within the desired lineage.

Postnuptial agreements for at-home parents

Couples that originally plan to have both spouses continue to work after the birth of children may wish to change their minds later on. However, the person who ends up leaving the workforce could face a less secure future if the couple eventually divorces. Postnuptial agreements can offer a way to guard against this inequality. These contracts can identify financial agreements that make it more palatable for one spouse to make the decision to quit working and stay home with children.

Make it enforceable

The enforceability of any prenuptial or postnuptial agreement is important. Working with an attorney is recommended when developing these contracts.