Pre & Post Nuptial Agreements
Family Law Offices of George E. Thompson, P.C. Discusses Pre- and Post-Nuptial Agreement Options
Subject to very limited exceptions, future spouses (and those already married) are free to enter into virtually any type of agreement with regard to personal property. Absent an agreement, any property acquired during the marriage is subject to division upon divorce. However, parties may wish to enter into an agreement clearly delineating that property is to remain separate during marriage and, in the event of divorce, each party leaves the marriage with the assets with which he entered the marriage. These agreements may also be tailored to fit your unique situation and parties may also agree to keep just certain property separate while the rest is subject to traditional marital property laws.
Family Law Offices of George E. Thompson, P.C. Explains the Utility of a Pre- or Post-Nuptial Agreement
In the event of divorce, the court will rely on the language of the agreement to determine how to divide property. This process allows parties to better anticipate the outcome of the divorce proceedings as opposed to leaving the entire process to the whims of the court. These agreements are also helpful in keeping divorce costs low and arriving at a settlement agreement much more quickly than is typically the case.
Family Law Attorney George E. Thompson Discusses Limitations on Pre- and Post-Nuptial Agreements
The law places certain restrictions on these agreements to ensure parties are not unduly burdened or coerced into signing. As your family law office, Mr. Thompson and his team will explain further, both sides must fully disclose all their assets, debts and financial matters prior to entering into the agreement. If one party hides assets or fails to disclose substantial wealth, the entire agreement may be invalidated.
Parties are likewise not permitted to limit their children’s rights with an agreement. While parties may agree to a custodial arrangement in the event of a separation, parties may not limit child support by agreement.
Lastly, parties may not agree to anything illegal under the Texas Penal Code in a pre- or post-nuptial agreement. Any agreement containing unlawful provisions will be invalidated.
Family Law Attorney George E. Thompson
If you are contemplating marriage or would like to discuss your options post-marriage, contact the Law Office of George E. Thompson, P.C. at (713) 439-0700 today.