Postnuptial agreements can cover various issues, including property division, spousal maintenance, and inheritance rights after a couple is married. These agreements can be helpful for couples who want to protect their assets and financial interests in the event the marriage dissolves. However, it is vital to ensure that the agreement is valid and enforceable in Texas.
If you are considering a postnuptial agreement, consult an experienced marriage lawyer to ensure that the agreement meets all requirements for validity and who possesses the knowledge and experience to advise you on your legal rights and obligations. At Moffett Law Firm, we have over 30 years of combined experience and are well-versed in navigating even the most complex marriage matters. Our legal team possesses the knowledge to draft a postnuptial agreement or review one that has been presented to you.
5 Things You Need for a Valid Postnuptial Agreement in Texas
A Texas postnuptial agreement, also called a marital property agreement, is a legally binding contract between spouses that outlines how finances, property, and assets will be divided in the case of divorce.
To ensure a postnuptial agreement is valid in Texas, the martial agreement must meet the following requirements:
1. Written Agreement
A valid postnuptial agreement must be a written agreement signed by both parties. Additionally, the agreement must be notarized. Verbal agreements are not enforceable in Texas. Neither spouse can be coerced or forced into signing the agreement.
2. Full Disclosure of Assets and Liabilities
Both spouses must fully disclose their financial assets and liabilities to each other before entering into a postnuptial agreement. Each spouse must provide a complete list of their assets, debts, and income. Failure to provide full disclosure can result in the agreement being unenforceable.
3. No Fraud or Misrepresentation
For a valid postnuptial agreement, both spouses must be truthful and honest with each other, meaning neither spouse can make false statements or misrepresent their assets and liabilities. If either spouse is found to have engaged in fraud or entered into the agreement under duress, it may be invalidated.
4. No Excessive Provisions
The postnuptial agreement must be fair and reasonable, meaning it cannot be unconscionable or one-sided.
5. Legal Counsel
Both parties should seek independent legal counsel before entering into a postnuptial agreement, which means they should have their own attorney review the agreement and explain their rights and obligations under the contract. This can help ensure that the agreement is fair and that both parties clearly understand the terms.
Speak With the Highly Experienced Marriage Lawyers at Moffett Law Firm
A valid postnuptial agreement in Texas requires both spouses to enter into the agreement voluntarily, provide full disclosure of their financial assets and liabilities and meet other essential requirements. At Moffett Law Firm, we are well-versed in specific Texas laws that may affect your postnuptial agreement and can guide you through the process to ensure your rights are protected.
If you are considering a postnuptial agreement, our highly experienced legal team will guide you through specific provisions to protect your financial well-being and fight to achieve your legal goals. Schedule a consultation by calling (713) 333-5800 or filling out our contact form.