Prenuptials & Postnuptials

Texas Military Postnuptial Agreement Attorneys

Like the general population, military service members or their spouses, face marriage breakdowns. Military personnel often spend significant amounts of time apart from their partners and the time apart sometimes erodes their marriage commitment. Active duty can also be a source of stress and the stress frequently finds its way home, taking its toll on the marital relationship. While no one wants to contemplate divorce before marriage, it is wise to put a prenuptial agreement in place that protects your rights. Today, many military and civilian couples are creating a prenuptial agreement before marrying.

Texas Laws regarding Prenuptial and Post-Nuptial Agreements

Whether you are in a military or civilian marriage, your prenuptial or marital agreement is subject to and must conform with requirements specified in Chapter 4 of the Texas Family Code, called "Premarital and Marital Property Agreements."

A prenuptial or premarital agreement (also referred to as a prenup) is an agreement made between prospective spouses in contemplation of marriage that is effective upon the marriage date. A premarital agreement addresses property, which means an interest in real or personal property, whether it is "present or future, legal or contingent, vested or contingent."

Prenuptial agreements must be in writing and both parties must agree to the contract. Texas statutes allow the agreement to address the following:

  • How property is disposed when separation, divorce or death occurs
  • Modification or elimination of spousal support
  • Forming a will, trust or other arrangement to carry out the prenuptial agreement
  • Choice of law governing the agreement
  • Any other personal rights and obligations not in violation of public policy or criminal statutes

You cannot use a prenuptial agreement to determine child support

What Factors Make a Prenuptial Agreement Unenforceable?

Prenups must be signed voluntarily by both parties and are unenforceable when the prenup is unconscionable, meaning it is grossly unfair. It is unfair when there is no reasonable disclosure of property or financial obligations and the other party has not waived disclosure. It is also unfair when the other party had no reasonable way of knowing about the undisclosed property or financial obligations.

Contact an Experienced Prenuptial Agreement Lawyer

For additional information about prenuptial and postnuptial agreements or to discuss a specific issue with an experienced prenuptial agreement-lawyer, call our San Antonio law firm at (210) 764-3468 or you may use the Quick Contact form to send us an inquiry.

Peace of Mind Comes from Knowing You Have a Competent Attorney Who Always Acts in Your Best Interest - Jamie Graham & Associates, PLLC

Based in San Antonio, Texas, military divorce and family law attorney Jamie Graham represents military men and women throughout the San Antonio area in family law and divorce matters, including clients throughout the communities in and around San Antonio, New Braunfels, Seguin, Medina, Austin, Jourdanton, Kerrville and Boerne, and individuals stationed at San Antonio military bases, including Fort Sam Houston, Lackland Air Force Base, Randolph Air Force Base and USO San Antonio.

Contact San Antonio Military Divorce Lawyer Jamie Graham

Whether you need an experienced negotiator to work on a settlement or a zealous litigator to represent you in court, Jamie Graham is an excellent choice.

Please schedule a confidential consultation with Ms. Graham by calling us at (210) 764-3468 , or if you prefer, fill out our Quick Contact form on our Contact a San Antonio Military Divorce Lawyer page and we will contact you.

Peace of Mind Comes from Knowing You Have a Competent Attorney Who Is Always Acting in Your Best Interest - Jamie Graham & Associates, PLLC.

Based in San Antonio, Texas, military divorce and family law attorney Jamie Graham, founder of Jamie Graham & Associates, PLLC represents military men and women throughout the San Antonio area in family law and divorce matters, including clients throughout the communities in and around San Antonio, New Braunfels, Seguin, Medina, Austin, Jourdanton, Kerrville and Boerne, and individuals stationed at San Antonio military bases, including Fort Sam Houston, Lackland Air Force Base, Randolph Air Force Base and USO San Antonio.