Marital agreements can benefit couples in many ways, whether you’re engaged or already married. They can help prevent future conflicts, protect both parties financially, and ensure everyone is aligned for the future.

If you are considering a prenuptial or postnuptial agreement, it is highly advisable to speak to legal counsel. The team at Barton & Associates Attorneys at Law, PLLC, can advise you on your options and help you understand why these contracts could work in your favor and then ensure your best interests are protected.

About Prenuptial Agreements

A prenuptial agreement is a type of legally binding contract that two people enter into prior to marriage. The terms of the agreement go into effect as soon as they are legally married. These contracts address many of the same issues that will come up during divorce proceedings.

When couples sign prenups, it is often designed to provide clarity on the ownership of shared assets. Others use these documents to protect family businesses or ensure that a future spouse can rest easy knowing they will be entitled to some financial support should the relationship ever end.

These agreements are not automatically valid. The parties must have full disclosure going into them, including the existence of any personal assets or debts. There must also be no evidence of fraud or coercion. If a person did not willfully sign the contract, they are not bound by the terms.

About Postnuptial Agreements

Postnuptial agreements cover the same ground as prenups, from alimony to property division. The difference is the timing of the agreement. Instead of executing these contracts prior to the wedding, a postnup is signed by two people who are legally married.

There are different reasons why couples seek postnuptial agreements. When one parent chooses to stay home and raise children, they may feel more comfortable knowing that there is an agreement in place to provide for them in the future in exchange for giving up their career.

Other parties enter into postnups because they have accumulated significant personal debt during the marriage, and they do not want their spouse to be burdened by it. Other couples use a postnup as a precursor to divorce by ironing out all of the terms in the marital agreement first.

Challenging Prenups or Postnups

It is possible for either party to challenge the enforceability of these agreements by arguing they were signed under duress, that there was a lack of full financial disclosure when the agreements were entered into, or that the agreement is grossly unfair. A Texas family law lawyer can evaluate the details of your situation to help determine what your options are for challenging these documents.

Speak with a Marital Agreements Attorney Today

At Barton & Associates Attorneys at Law, PLLC, we are here to help you consider your options. Whether you are considering a marital agreement or have been asked to sign one, it is vital that you speak with legal counsel as soon as possible. Contact us today for a private consultation. We’re happy to answer your questions.