A postnuptial agreement is designed to provide asset protection for one or both spouses in the event of a divorce. It can help small business owners ensure business continuity, protect personal assets brought into the marriage, or offer security for an inheritance.
However, it is essential to ensure that your postnup is legal and follows your state’s requirements to be valid. Learn more about the unique aspects of postnuptial agreements in Frisco and how you can ensure that your agreement will hold up in court. Call Towson Law Firm today to speak with an experienced postnup agreement attorney.
One of the unique aspects of postnuptial agreements in Frisco is that in Texas, both parties must enter into a postnuptial agreement voluntarily. Neither spouse can pressure the other into entering that agreement.
If one spouse signs the agreement under duress, the contract may not be binding—which means it may not protect the assets named in it. The court may carefully examine how the spouses arrived at the terms of the agreement to get a better idea of whether both spouses voluntarily agreed to those terms.
In Texas, pre- and postnuptial agreements cannot include terms defining what child support or custody will look like in the event of a divorce. The court typically decides matters of child custody and child support based on the best interest of the child at the time of the divorce, which can prove impossible to predict when a prenuptial agreement is drawn up.
In Frisco, postnuptial agreements must contain fair, reasonable terms that reflect the interests of both parties. The court will not enforce an agreement that contains terms that could be potentially harmful to one or both parties, including terms that might reward one party for the divorce or that could prevent one spouse from accessing the assets they fairly deserve.
For example, if a disabled spouse has to give all their assets to a spouse who has more potential to earn income, the court could rule that it is unfair. In addition, after a long marriage, the court might rule it unfair if the postnup offers no provision or support for a spouse who chooses to take care of the home and family instead of working.
A postnuptial agreement requires both spouses to fully disclose all assets and debts. If one spouse fails to offer accurate insight into that key information, the court may rule that the agreement is unenforceable since it was entered into without full knowledge of what it might look like. That includes sharing information about all accounts, property, and assets, as well as debts.
Many of the elements of a postnuptial agreement look the same no matter where you are. However, some unique aspects of Frisco postnuptial agreements reflect Texas law and help provide more protection for both spouses involved.
If you are wondering what your postnuptial agreement needs to look like or how you can best protect yourself in the event of a divorce, a family attorney could help you develop a comprehensive contract that aligns with Texas law. Reach out to Towson Law Firm, PLLC, today to discuss your marital agreement and needs.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
