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Prenuptial Agreement Attorneys in Austin

We Draft, Review & Challenge Prenuptial & Postnuptial Agreements

Under Texas law, people can enter into pre-marital agreements (also known as prenuptial agreements) and post-marital agreements (also known as postnuptial agreements, marital property agreements, or partition agreements) to define their property rights during marriage and to set out what will happen upon divorce.

Drafting a legally sound prenuptial or postnuptial agreement may not seem very romantic, but it can make a significant difference in your ability to protect your assets and interests, should any situation arise in the future that results in a divorce or separation.

An Austin marital agreement lawyer at Stinson Moyle, PLLC can help you with this sensitive and important matter. To learn how we can help you, call (512) 948-3688.

Pre-Marital Agreements

A pre-marital or prenuptial agreement is made between prospective spouses, which becomes effective when they are married. Pre-marital agreements allow prospective spouses to define their rights and contract around the rules set out in the Texas Family Code. A pre-marital agreement must be in writing and signed by both parties. There are certain statutory defenses which, if proved, can render a pre-marital agreement unenforceable.

Pre-marital agreements are presumptively enforceable if they are drafted properly and contain all required elements set out in the Texas Family Code. If you are considering a pre-marital agreement, it is imperative that you consult with an experienced family lawyer to discuss whether such an agreement is right for you and to ensure that the agreement is properly drafted. At Stinson Moyle, PLLC, we have extensive experience in drafting, enforcing, and defending against pre-marital agreements.

Post-Marital Agreements

A post-marital or postnuptial agreement is made between spouses during a marriage. Like pre-marital agreements, post-marital agreements allow spouses to define their property rights in a manner that is different from the rules in the Texas Family Code. A post-marital agreement must be in writing and signed by both parties. A post-marital agreement allows spouses to convert community property to the separate property of one spouse. It can also define the rights and obligations of spouses and the disposition of property in the event of death or divorce.

If you have questions or concerns about your prenuptial or postnuptial agreement, or if you are interested in drafting an agreement or enforcing an agreement, call (512) 948-3688.