Fort Worth Prenup and Postnup Agreement Lawyer

What Is A Prenuptial And Postnuptial Agreement?

For couples who are planning to get married, or for those who are already wed, thinking about the possibility of divorce may not be pleasant, but it can still be a good idea. Even when a couple has a strong relationship, and a future breakup seems unlikely, considering how certain issues will be addressed in a divorce can help them make sure they are prepared if they do encounter relationship problems. By making divorce-related decisions ahead of time and creating a prenuptial or postnuptial agreement, a couple can help avoid potential conflict, and they can also have assurances that their financial interests will be protected should the unthinkable occur.

By discussing a prenuptial or postnuptial agreement and making decisions about how they will approach the divorce process, a couple may actually be able to strengthen their relationship. These types of agreements can establish tangible "stakes" in a potential divorce, giving spouses the incentive to make their relationship work. These discussions can also provide a couple with a better understanding of their financial situation and make sure they are on the same page about how matters related to money, property, and debts will be handled during their marriage. At Hatton & Hatton, PLLC, we work with spouses who are considering these types of agreements, helping them understand the legal issues they will need to address and ensuring that the decisions they make will apply if they do choose to divorce in the future.

Prenuptial Agreements

Before a couple gets married, they may enter into a prenuptial agreement, which is often referred to as a "prenup." This agreement will serve as a legal contract, and it will detail how certain matters will be handled if their marriage ends. While a prenup will usually address the dissolution of a marriage through divorce, its terms may also apply following the death of a spouse.

Prenups will usually address issues related to property and finances. An agreement may state that certain assets owned by either spouse before getting married will continue to be considered separate property, and the other spouse will have no legal rights toward these assets in the event of divorce. A couple may also use a prenup to make decisions about property division or spousal support, which can help them avoid disputes about these issues in the future.

Postnuptial Agreements

Prenuptial agreements can only be created before a couple gets married, and a prenup will take effect once they are legally wed. However, couples can enter into similar agreements at any point during their marriage, and these are known as postnuptial agreements. These agreements can address all of the same issues as prenups, including classifying assets as community property or separate property, deciding how property will be divided during a divorce, and stating that one spouse will or will not pay alimony to the other. However, a postnuptial agreement cannot make decisions about child custody, and it cannot reduce the amount of child support that a parent would be obligated to pay to address a child's needs.

Contact Our Tarrant County Marital Agreement Lawyers

Prenuptial agreements can be beneficial in cases where a person owns significant assets before getting married, and a prenup may provide a spouse with financial protection and ensure that their assets will not be affected by a divorce. Postnuptial agreements can provide benefits in a number of situations, such as ensuring that a family-owned business will not be negatively affected by a divorce or providing a stay-at-home parent with the assurance that they will have the financial support they need. If you are concerned about how to protect your assets, or if you want to help avoid disputes with your spouse in the future, our attorneys can discuss your options and help you negotiate an agreement that will meet your needs. Contact us and set up a free consultation by calling 817-349-8120.