Prenuptials And Postnuptials

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 Postnuptial 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 family law 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 arrangements 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 family law firm at 210-764-3468 or you may use the quick Contact form to send us an inquiry.

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