Marital Agreements in texas Effectively Prevent Costly Disputes

Handling Prenuptial & Postnuptial Agreements for Clients in Fort Bend, Harris & Brazoria Counties

Individuals who bring significant assets into a marriage are wise to protect those assets through a prenuptial agreement. A prenuptial agreement is a legally binding contract through which a couple agrees before entering into marriage how to protect and secure their individual assets if the marriage ends in divorce.

I am Michael D. Tracton, the founding attorney of the Tracton Law Firm, PLLC As a Sugar Land prenuptial agreement lawyer with more than 40 years of experience, I create comprehensive, ironclad prenuptial agreements for couples who have the foresight to protect their assets. I also create postnuptial agreements for individuals who are already married and who want to protect separate assets in the event of divorce or death.

Using Marital Agreements Before And After Marriage

A prenuptial agreement is commonly used if one or both individuals have substantial assets, or to protect assets for children from a previous relationship. Prenuptial agreements also are common when one spouse owns a business in order to limit the liability of the other spouse.

Postnuptial agreements are common when one spouse receives a large inheritance or accumulates considerable wealth after the marriage and wishes to protect their assets if the marriage ends.

How Do Prenuptial Agreements Affect Debts?

Prenuptial agreements are valuable tools for defining how financial matters, including debts, will be handled in a marriage. In Texas, without a prenup, both spouses may be held liable for each other’s debts incurred during the marriage, especially when community property is involved. A prenuptial agreement allows couples to separate their financial obligations, ensuring that debt incurred by one spouse does not affect the other.

One key benefit of a prenuptial agreement is the ability to distinguish between individual and marital debt. In a typical marriage without a prenup, creditors may pursue jointly owned assets to satisfy one spouse’s debt, even if the other spouse had no involvement in accruing it. A prenuptial agreement can stipulate that each spouse will remain responsible for their own debts, preventing creditors from seizing marital property to cover obligations incurred by one party. This is especially beneficial in cases where one spouse brings significant personal debt into the marriage or if one party plans to take on business or educational loans.

The agreement can also address how future debts will be handled. It may outline that any loans or credit acquired by one spouse after the marriage will remain their individual responsibility, protecting the other spouse from liability. This can be particularly helpful in protecting a spouse’s financial security if the other spouse has a history of high spending or poor credit management.

Comprehensive Drafting And Review Are Essential To Enforceability

Prenuptial and postnuptial agreements are complex documents that must be carefully structured to be effective. If a prenuptial or postnuptial agreement is challenged, the courts determine whether it was “fair” at the time it was executed and at the time it must be enforced.

I strongly encourage couples to seek separate legal counsel prior to signing a prenuptial or postnuptial agreement. This limits the opportunities for either spouse to challenge the agreement by claiming he or she was deprived of the ability to have counsel or didn’t understand the documents being signed.

Learn All Of The Options Available To You

Our legal team has the experience and knowledge necessary to help you create a comprehensive prenuptial or postnuptial agreement that protects your assets and the other loved ones in your life. I will walk you through the process and explain every aspect of your agreement. 

Call (281) 962-7738 or email me to schedule an appointment to discuss your objectives.