Understand How a Postnuptial Agreement in Texas Works Before You Get One
Prenups have been popular for years, but postnuptial agreements are catching up in popularity.
Laws regarding legal documents vary from state to state, and you may be wondering how to compose a valid postnuptial agreement in Texas. We can help you draft an airtight postnup with state laws in mind and save a small fortune in lawyer expenses.
A postnuptial agreement, a.k.a. post-marital agreement or postnup, is a contract signed between a couple during their marriage to ensure a fair division of property in case they get divorced in the future.
Marital agreements should be mediated by lawyers who should be hired separately.
Even if you think your marriage is fine and there’s no chance you’re ever getting a divorce, you could benefit from making a postnuptial agreement because:
- It ensures financial stability—Spouses who are business owners or have many assets in their possession should consider making this agreement, and the same applies to spouses with considerable marital debt. Postnuptial agreements can also serve to update prenuptial agreements
- It’s a good alternative to a prenuptial agreement if you don’t have one—Prenuptial agreements are often frowned upon, while postnuptial agreements are signed when a couple already knows each other
- It protects the interests of both parties and keeps matters fair—It’s better to make decisions about the division of property while you’re on good terms with your spouse. Your relationship can become complicated if you end up divorcing each other
Contract laws governing postnuptial agreement are not the same in California, Florida, and Texas. Each state has its laws and requirements for this agreement to be valid and enforceable. In Texas, you cannot include child support or child custody clauses in a postnuptial agreement because those provisions are laid out in separate agreements. Also, a postnuptial agreement won’t be enforceable in Texas if any of its parts are unfair, unconscionable, or illegal.
A postnuptial agreement requires the following prerequisites to be valid in Texas:
- Only written documents are valid
- The spouses must legally and voluntarily enter the agreement
- The parties must disclose all their debts and assets without withholding any information
- They must both sign the agreement
You can find many different templates for postnuptial agreements online, but they aren’t very reliable. They often don’t include all the necessary details, and relying on them can leave your document legally unenforceable. If you decide to draw up a postnup yourself, these elements should be a good starting point:
|Postnuptial Agreement Element||Description|
|Division of assets||Make sure that the division of assets is detailed, fair, and agreeable|
|Division of debt||Debt is equally important, and it needs to reasonably divided|
|Property management||You need to decide who (you or your spouse) will sell, buy, transfer, and control the property|
|Business arrangements||It’s a good idea to decide who will manage the family business in case of divorce or death of a partner|
|Estate planning||The details of any existing trusts or wills should be included in a postnup|
|Alimony arrangement||Whether or not spousal support will be paid, by whom, and for how long|
The short answer to the question of how much you should expect to pay for a postnuptial agreement is—it depends. If you’re lucky, you can get a cheap package deal for prenup and postnup agreements for as little as $400.
Yes, that is the lower end of the line, while some fancy lawyers can charge up to $3,000 for the same deal. Those numbers are objectively excessive, and you shouldn’t pay that much. About $1,000 is a fair price you can expect to pay.
Lawyers aren’t cheap in Texas or anywhere else in the U.S. If you wish to save a pretty penny, sign up for DoNotPay. We can help you write a contract, which is much better than using a free online contract template. Here’s how we can create a tailored contract for you:
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Here is a list of some documents we can help you create:
- LLC operating agreement
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- Custody agreement
- Child care authorization form
- Prenuptial agreement
- Estoppel certificate
- Bill of sale document
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- Independent contractor agreement
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