Plano Prenuptial Agreement Attorney

Lawyer for Prenups and Postnups in Collin County and Dallas County

For most people, getting married is a momentous life experience and a symbol of commitment to love and support their partner. In the midst of all of the emotions surrounding marriage and the early years of a relationship, it can be easy to overlook the financial implications of the union. Unfortunately, this can lead to difficult consequences later on. Creating a prenuptial or postnuptial agreement can help you and your spouse address the financial aspects of your marriage and prevent future hardship.

Throughout our 10 years of experience representing divorce and family law clients, the team at the Law Office of Brian Bagley has seen all of the ways that financial disagreements can hurt a marriage and complicate the divorce process. We can help you make things easier by proactively creating a prenup or postnup that clarifies your rights to property and assets both during your marriage and in the event of a divorce.

Understanding Prenuptial and Postnuptial Agreements in Texas

The Texas Family Code allows couples who intend to marry to enter into a prenuptial agreement that addresses many issues related to the partners' property, assets, and debts. Some of the items you can include in a prenup are:

• Designations of assets and debts that will remain separate upon your marriage
• Each partner's rights to use, manage, or engage in transactions regarding separate and community property during the marriage
• Provisions for the division of property in the event of a divorce or either partner's death
• Provisions for spousal support in the event of a divorce
• Ownership rights to a life insurance policy's death benefit both during the marriage and in the event of a divorce
• Provisions for creating or updating a will or trust to enforce the terms of the agreement

During your marriage, you also have the option to create a postnuptial agreement, sometimes referred to as a marital property agreement. A postnup can address many of the same issues as a prenup, making it a good option if you realize after getting married that such an agreement would be beneficial, or if you and your spouse experience a major financial change. Texas law mentions a few specific reasons for creating a postnup, including converting community property to separate property and vice versa, or determining ownership of income from separate property during the marriage.

For a prenup or postnup to be legally enforceable in Texas, it must be in writing and willingly signed by both parties. It is also important to be sure that you have all of the information you need about your partner's finances before finalizing the agreement, and it is a good idea to have your attorney review the agreement before you sign.

Benefits of a Prenup or Postnup

Prenuptial and postnuptial agreements have many potential benefits depending on the circumstances. Some reasons you may wish to create a prenup or postnup include:

• Promoting financial transparency in your marriage
• Protecting a business, real estate property, retirement account, or valuable personal property from before your marriage
• Protecting an inheritance received during your marriage
• Protecting yourself and your partner from liability for each other's property and debts
• Reserving separate property to pass on to children from a previous marriage
• Streamlining the process of a future divorce
• Addressing personal issues that are not specifically covered in the Texas Family Code, like ownership of purely sentimental property or custody of a pet

However, you should keep in mind that a prenup or postnup is not the right place to address child custody or child support. These issues are better handled at the time of a divorce to ensure that the children's best interests are considered.

Contact a Tarrant County Prenup and Postnup Lawyer

We can provide advice and answer questions about what to include in your prenuptial or postnuptial agreement, as well as review your agreement to make sure it is legally valid. Contact us today at 972-422-2424 to set up a free consultation so we can discuss your personal needs. We serve clients in Tarrant County, Denton County, Dallas County, and Collin County, including Plano, Lucas, Wylie, Sachse, Parker, Murphy, and the surrounding areas.