While postnuptial agreements are valuable tools for protecting a person’s assets, they have such significant financial implications that they must meet specific statutory requirements to be valid.

Understanding postnuptial agreement requirements in Frisco is critical if you want to use this tool to protect yourself. Call Towson Law Firm, PLLC, today to speak with an experienced postnup agreements attorney.

Understanding Postnup Agreements

A postnuptial agreement is a legally binding contract that spouses make after marriage. Postnups outline how assets, debts, and other financial matters will be managed during the marriage or divided in the event of divorce or death.

Texas Family Code § 4.105 explains the criteria for validity and enforceability of postnup agreements, such as:

  • Agreements must be in writing
  • Postnups must be voluntary
  • Parties must fully disclose financial information
  • The terms must be fair and reasonable
  • Both parties must sign the document

A dedicated marital agreements lawyer can explain in more detail the elements of a postnup.

Requirements for a Postnup

Several requirements must be followed during the process of creating a postnuptial agreement in Frisco.

In Writing

While Texas allows some contracts to be oral, postnup agreements must be in writing. The writing must clearly outline the terms agreed upon by both parties. Overly vague prenups may be unenforceable.

Voluntary

The agreement must be voluntary. If one spouse is coerced, pressured, or under duress when signing, the court can deem the agreement invalid. However, this can be difficult to establish. The party alleging that they did not voluntarily sign the postnup may need to provide evidence to help them prove that statement.

Full Disclosure of Finances

Agreements must include full and fair disclosure of each spouse’s financial situation. All assets, liabilities, income, and expenses can be invalidated. Whether full and fair disclosure includes future inheritances or other gifts is questionable. Those are separate properties in Texas, so they are generally not subject to division in a marriage. However, they can also dramatically impact a spouse’s understanding of their partner’s finances.

Considering Fairness

The statute does not require that the terms of a postnup be fair or reasonable. However, fairness is a cornerstone of the justice system. Unfair conditions may be unconscionable if they are one-sided or grossly unfair. Courts can choose not to enforce those agreements.

Signs By Both Parties

The final requirement for Frisco postnup agreements is that both parties sign them. The statute does not require that the parties have the agreement notarized. However, doing so is a best practice.

Notarizing a document helps protect spouses against claims that the other person’s signature is forged. If the other spouse argues that the agreement was not voluntary, a notary could be a potential witness to the parties’ demeanors at the time of signing.

Challenging Postnup Agreements

Failure to follow the legal requirements for postnup agreements in Frisco can lead to challenges. Texas Family Code § 4.006 provides grounds for contesting these agreements. An agreement is void if a spouse can prove they were forced or manipulated into signing it.

Lack of full disclosure can also make the agreement voidable, mainly if a material misrepresentation exists. Finally, if the agreement is so one-sided that enforcing it would be unjust, the court may ignore it.

If the court finds issues with the postnup agreement, it can choose to invalidate it or only enforce parts of its provisions thoroughly. In many instances, if one party engaged in improper behavior to get the postnup, the court may not enforce provisions that would protect them while still enforcing provisions that protect the other spouse.

Talk to an Attorney About Postnuptial Agreement Requirements in Frisco

While state law allows post-nup agreements, courts can review them for fairness and compliance with legal requirements. If you want your document to be enforceable, you must ensure it meets postnuptial agreement requirements in Frisco.

The best way to do so is to have a family law attorney draft the agreement or review any documents you consider signing. To learn more, schedule a consultation with Towson Law Firm, PLLC.

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Meet Matt Towson
Meet Matt Towson
Meet Matt Towson