Prenuptial and Postnuptial Agreements in Texas
Despite the laws in the state of Texas regarding the characterization of property, parties can and often do enter into agreements affecting the characterization of the property prior to marriage or even after marriage.
These agreements are generally referred to as prenuptial or postnuptial agreements, depending on the date of their execution.
Generally, the purpose of these agreements is to ensure certain property which would otherwise be characterized as the community, remains a spouse’s separate property.
This distinction is important because in Texas a court can never divest a party of his or her separate property.
Thus, prenuptial or postnuptial agreements serve to preserve certain assets by precluding them from division by the court if either party ever seeks to dissolve the marriage.
Provided the prenuptial or postnuptial agreement is drafted properly, the court is required to recognize the agreement and enforce its terms.
Complexities arise, however, when one spouse challenges the validity of a pre- or postnuptial agreement. Having an experienced attorney represent you in drafting a prenuptial or postnuptial agreement is an important part of the process in ensuring the agreement withstands challenges to its enforceability at a later date.
Contact The Stout Law Firm, P.L.L.C. in Houston, TX today, to secure the services of a lawyer that is qualified, dedicated and knowledgeable about the effect of pre- and postnuptial agreements and issues that may affect their enforceability.