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When should a couple consider a postnuptial agreement?

A premarital contract is an increasingly common tool that couples use to define what happens to their assets if they ever divorce, but couples who marry without a prenup can still get the same control and peace of mind using a postnuptial agreement.

This type of contract is very similar to a prenup. The primary difference is that a couple signs a postnuptial agreement after the marriage begins. Here are some key reasons why a Texas couple might consider a postnuptial agreement.

Help to repair a relationship after infidelity

Though betrayal often leads to the end of a marriage, a postnuptial can protect a spouse who wants to try to work through the infidelity and may help to rebuild trust.

Protect a spouse from financial risk

When one spouse wants to take a risky financial action, such as starting a business, a postnuptial agreement can help to insulate the other spouse from any potential losses. Additionally, this contract can also provide peace of mind when one spouse has demonstrated a history of irresponsible financial behavior.

Provide for a stay-at-home parent

A stay-at-home parent takes a significant risk by foregoing a professional career. In the event of divorce, it can be difficult to reenter the workforce without recent work history or experience. A postnuptial can ensure that a stay-at-home parent has the financial resources they need if the marriage ends.

As with premarital contracts, a court will only enforce postnuptial agreements that follow the requirements of Texas law. Couples should review a potential agreement carefully to ensure it meets these standards.