How Do I Know if a Postnuptial Agreement Is Right for Me?

After marrying, you and your partner may decide a postnuptial agreement would benefit your marriage. This legal document works similarly to prenuptial agreements entered into by couples before they are married. There are specific state laws guiding the creation of a postnuptial agreement.

If you and your spouse decide a postnuptial agreement is in your best interest, let the Texas postnuptial attorneys of Evans Family Law Group help you make the most beneficial legal and financial decisions for your family. We are the trusted voice in Austin for Texas family law.

Who May Benefit From a Postnuptial Agreement

Most postnuptial agreements involve the division of and protection of assets in the event of a divorce. When a relationship is new, it may be challenging to foresee the need for such an agreement. If the following circumstances apply to your marriage, and you and your partner are willing to enter the agreement, you might find that a postnuptial agreement is right for you.

One or Both Spouses Own a Business

If you are starting a business, a postnuptial agreement can eliminate uncertainty for your partner and protect assets and debts. It can ensure a more stable environment for both spouses, easing the worry of losing a financial income or taking on business debt.

You may have owned the business when you married but did not create a prenuptial agreement. A postnuptial agreement can help define the property as separate property.

However, separate property may be considered community property if your spouse also worked in the business or contributed funds. Discussing Texas asset division with a trusted family law attorney to understand how commingling affects property division is always wise.

Partners Bringing Wealth to the Marriage

Postnuptial agreements are a good idea if one or both partners bring significant wealth to the marriage or expect sizable inheritances. Under Texas law, property acquired by gift, device, or descent is considered separate property. Again, preventing the commingling of funds should be discussed with a Texas family law attorney.

You Have a Blended Family

You may own particular assets you want your children to receive when you pass away. The same may go for a spouse with children from a previous marriage. A postnuptial agreement can help address these divisional concerns when both spouses agree to the terms.

Your Earning Capacity Has Changed

Both partners in a marriage may have successful careers with great earning capacities. It can be a tremendous risk for one partner to give up their job to stay home and manage domestic responsibilities. Removing yourself from the workforce can dramatically change your future earning capacity.

There is a Breach of Trust

It may be infidelity, a rocky relationship, or acquired habits by a spouse that you feel endanger your financial security. When the trust in your relationship is not what you think it should be, deciding on a postnuptial agreement may be necessary. It is best to work with your partner to create this agreement while you can still work together and consider each other’s future.

Let us Help Secure Your Future

Couples who enter into postnuptial agreements are not doomed to a failed marriage. Postnuptial agreements can be a great way to protect your spouse and yourself by providing security for the future.

Evans Family Law Group works from Austin and Bastrop to strengthen the families in these cities and surrounding communities by promoting secure financial futures. We want to help you meet your goals confidently. A free consultation lets us hear your concerns and explain how we can fulfill your needs.