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How postnuptial agreements affect divorce proceedings

Postnuptial agreements are becoming more common as couples seek ways to protect their assets and clarify financial matters during marriage. While drafting a postnuptial agreement might feel intimidating, it can provide peace of mind. 

What are postnuptial agreements?

A postnuptial agreement is a contract that a couple creates after their marriage. It outlines each person’s assets. It also lists how the court will divide the assets if the couple divorces. It is similar but distinct from a prenuptial agreement, which the couples make before they finalize the marriage.

How do postnuptial agreements work?

When a couple with a postnuptial agreement decides to divorce, the court typically uses the agreement as a guideline to divide assets and liabilities. Texas is a community property state, meaning that without an agreement, most property acquired during the marriage undergoes equal division. A valid postnuptial agreement allows spouses to modify this default rule, ensuring that the court follows their specific wishes instead.

The benefits of a postnuptial agreement

Postnuptial agreements reduce potential conflict during divorce proceedings by clearly defining what each spouse gets. A contested divorce can be much more complicated than an uncontested one.

They also help speed up the process, as there is less need for extensive negotiation. However, it’s important to remember that the agreement must meet legal requirements to be enforceable in Texas, including fairness and full disclosure from both parties.

Moving through a divorce with clarity

While the idea of planning for a possible divorce may seem daunting, a postnuptial agreement can ultimately help protect your interests and offer a sense of security moving forward. The best kind of divorce is when both partners get what they want.

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