Marriage leads to financial and personal responsibilities, which may need careful planning to protect the interests of either spouse, their families, business partners, and more. While a postnuptial agreement can clarify financial arrangements and protect individual interests, it is not without limitations.
These agreements, governed by Texas law, have specific requirements and restrictions that couples must be aware of. Understanding the limitations of postnuptial agreements in The Colony can aid in financial planning. A seasoned postnup agreements attorney can help you investigate what you can—and cannot—do with these documents and explore other options to accomplish your goals.
A postnup is a legal contract that spouses enter into after a marriage. It outlines the division of property, financial responsibilities, and other matters. While people think about postnups and divorce, they may not consider the disposition of property in the event of separation or death.
Texas Family Code § 4.105 outlines the qualifications to make postnups enforceable in The Colony. They must be in writing, signed voluntarily, and based on full financial disclosure. They must also be reasonably fair—courts can and will invalidate one-sided agreements.
While postnups may offer many benefits, they have several significant limitations, including the following:
A postnup agreement cannot contain provisions that violate public policy. For example, Texas courts prioritize preserving marriage, so a clause encouraging divorce would be unenforceable. In addition, a prenup cannot give up the right to child support since that is considered the child’s right, not the parent’s.
Both parties must fully and fairly disclose their financial situation, including assets, debts, income, and expenses. Failure to do so can result in a court finding the agreement invalid. So, a postnuptial agreement is not a way to prevent a spouse from gaining hidden assets in a divorce.
The courts may refuse to enforce any postnuptial agreement that they find unconscionable. The court looks at the circumstances under which the agreement was made to determine whether it is unconscionable, though a change in circumstances can also impact enforceability.
Postnup agreements address financial and property matters, not the personal aspects of a marriage. Provisions dictating behavior, appearance, intimacy, and other personal matters are not enforceable. While they are unlikely to invalidate the rest of an agreement, they add nothing to the document.
While postnups can rearrange the parties’ access to certain rights and benefits, people cannot waive those rights. For example, federal law dictates spousal rights to some types of retirement benefits. Parties cannot give up their children’s right to child support.
Even if a postnup agreement meets legal requirements, courts have the discretion to review it and set aside parts of it. The overall standard is that the agreement is fair. Understanding the limitations in The Colony postnup agreements can help people avoid drafting documents with questionable clauses.
It can be helpful to think of courts doing a two-level review of postnup agreements. They first check to see if the agreement meets the statutory requirements. If so, they can move on to the following requirement—fairness.
While fairness is not a statutory requirement for post-nup agreements, it is one of the guiding principles in the justice system. The court can—and should—refuse to enforce postnup agreements in The Colony that limit and are clearly unfair to one spouse.
Postnups are a powerful tool for helping couples clarify their financial rights and obligations. However, they do have inevitable setbacks and essential considerations.
A dedicated marital contracts attorney can help you understand the limitations of postnuptial agreements in The Colony. To learn more, schedule a consultation to discuss your situation with a family lawyer.
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.