A postnuptial agreement is a legal document that couples in The Colony use to protect themselves if they decide to divorce in the future. This document includes instructions on the division of assets and liabilities and, in some cases, can also include the provision of spousal support for one partner by the other.
While a postnup covers important matters, some issues can arise when dealing with this type of agreement. A dedicated lawyer with experience in postnuptial agreements could provide guidance when these issues arise. Call Towson Law Firm, PLLC, today to speak with a seasoned postnuptial agreements attorney.
Several issues can indicate the need for legal guidance about a postnuptial agreement, including the following:
Ideally, a postnuptial agreement evolves and grows along with the marriage, career, and lives of the parties who entered it. When life circumstances change, Texas law allows parties to modify the terms of their agreement.
This includes situations such as the birth of a child, changing career or financial status of one or both parties or the receipt of an inheritance for one of the members of the marriage. Both parties must agree to the changes and sign the agreement before a notary to satisfy the agreement. A lawyer could assist with ensuring the modification’s enforceability and drafting and reviewing agreements.
To be enforceable, a postnup in The Colony must meet specific legal requirements, including full financial disclosure, reasonably fair terms for both parties and a signed agreement that both parties voluntarily entered into without coercion.
Another common issue that can make the agreement unenforceable is outdated terms that have not been updated to reflect all the significant financial changes that occurred after it was implemented.
When issues make a postnuptial agreement unenforceable, a lawyer could help protect the rights and interests of an individual involved in the agreement. They could also help partners negotiate new terms that properly reflect both parties’ full and accurate financial disclosure.
Some postnuptial agreements lack the clarity needed for couples to confidently execute the agreement if they divorce. This can lead to legal challenges and arguments over whether the terms are being properly followed.
A family lawyer could draft a modification to an agreement that clarifies any ambiguity, protecting the parties from future misunderstandings. They could also ensure that the parties understand the terms of the agreement or modifications before they sign it.
In certain circumstances, a postnuptial agreement with issues can be overturned in The Colony. This can occur if one of the parties signed the agreement under duress or without the mental capacity to understand what they were signing.
If one partner provided fraudulent information or failed to fully disclose their assets or liabilities, an overturned postnup can also result. However, many issues that arise can be corrected by modifying the document with the assistance of a lawyer.
If you have issues with the postnuptial agreement you and your spouse signed in The Colony, it is important to receive guidance from a reliable and well-versed attorney.
Contact Towson Law Firm, PLLC, today to learn more about the next steps to take to address problems with a postnup.
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.
