San Antonio Prenuptial and Postnuptial Agreement Attorneys
Helping couples create and enforce premarital contracts in San Antonio and Texas
For many couples planning to marry, premarital (also called prenuptial) agreements are a practical and financially sound idea. Formerly considered a contract only for the wealthy, today couples of every kind and income bracket use prenuptial agreements to set expectations and settle any future marital disputes before they start. For couples marrying for the second or third time, a premarital agreement can protect the assets and investments a person has spent years accumulating.
The family law attorneys at Grable Grimshaw PLLC can help you and your future spouse design a premarital agreement that works for you both, giving you the tools you need to start your marriage off from a place of trust and transparency. Whether you are ready to draft a document today or just want your questions answered, we are here for clients in San Antonio across Texas.
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What is a premarital (prenuptial) agreement?
A premarital agreement is a binding legal document two people sign before marriage. Premarital agreements fall under the Texas Uniform Premarital Agreement Act, goes into effect when a couple marries, and can address the following matters:
- Each spouse’s right to property acquired during the marriage
- Their right to manage and/or control that property
- The distribution of property upon end of the marriage
- Modifying or ending spousal support
- Wills, trusts, and other arrangements
- Beneficiaries of life insurance policies
- Other personal matters and obligations, excepting any illegal or unreasonable provisions
Child support and custody issues cannot be addressed in a premarital or postmarital agreement.
What is a postmarital agreement?
Postmarital agreements are just like premarital agreements, except you and your spouse sign them after you are married. Married couples often sign postmarital agreements to set expectations and rules after accumulating assets during the marriage. These contracts help determine what will happen to these assets and properties in the event the marriage is dissolved.
Why would I need a San Antonio prenuptial or postnuptial agreement?
Many newly engaged couples might think pre- or postmarital agreements are not something they need, believing it is unromantic, or do not want to think about a divorce or separation down the line. However, these agreements will not “jinx” your marriage or start it off on the wrong foot – in fact, premarital agreements offer many advantages, and can help make your marriage stronger.
A properly-drafted and thorough premarital agreement prepared by you and your future partner helps ensure you are both honest and transparent about your financial situations and expectations. It eliminates any surprises about unknown debts or assets. You can also even spell out certain responsibilities within the marriage, like who is or is not involved in a family business, or who pays for health insurance. Dealing with these matters right now helps prevent them from becoming larger disputes later on in your marriage.
Important reasons to consider a prenuptial agreement if either you or your future spouse have any of the following:
- Children from a previous marriage or relationship
- Dependents, like a disabled sibling or parent
- Ownership in a business
- Real estate holdings
- Considerable income and assets
- Concerns about debt or low credit scores
- Plans to attend school full-time after your marriage
- Personal assets and property you want to keep separate
It is also wise to consider a postnuptial agreement if your marital financial circumstances change. Perhaps you and your spouse beat the odds and win the lottery. Or, one partner comes into an inheritance. Perhaps new information came to light during the marriage that you would like to address. In situations like these, couples may want to settle these issues in advance, which can be financially savvy for both spouses.
Your premarital and postmarital agreement can also specify how you would prefer your assets divided in the event of either one of your deaths. The San Antonio attorneys at Grable Grimshaw PLLC can answer all of your questions and provide the guidance you need.
Can you challenge a prenuptial agreement?
Prenups and postnups – once written and signed by both parties – are legally binding and enforceable by the court. However, there are some exceptions that can void the contract, per the Texas Uniform Premarital Agreement Act:
- When one party did not sign the agreement voluntarily
- When the court finds the agreement was “unconscionable” when signed
“Unconscionable” means that one spouse:
- “was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
- did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.”
Further, premarital and postmarital agreements rarely apply to Texas common law marriages, as these agreements legally do not become effective until a couple legally marries. However, our family law attorneys can provide further information on how to handle these matters.
Can I change my San Antonio prenuptial agreement after I get married?
Yes. This contract is not set in stone, and a few years down the road some couples may want to change the terms of (or even revoke) their premarital agreement. Common reasons to modify a pre- or postmarital agreement in Texas include:
- Adding additional property or assets
- Accounting for new children in the marriage
- Redistributing asset and property allocation
- Couple no longer wants the agreement
To modify a premarital agreement, both spouses must mutually agree on the changes. You and your partner can add an amendment to the contract with the help of your attorney. This amendment can either be added directly to the original premarital contract or written up as a separate document that outlines the modified terms. The lawyers at Grable Grimshaw PLLC are happy to work with you on this to ensure everything is completed properly.
Knowledgeable guidance with San Antonio premarital agreements
Everyone has rights when it comes to prenuptial and postnuptial agreements. The family law attorneys at Grable Grimshaw PLLC can help you create, review, and file a strong premarital agreement that is fair and protects both you and your spouse. We are here to help your marriage start off on strong and honest footing. Get in touch with us today to find out more. To schedule an appointment at our San Antonio offices, call 210-963-5297 or fill out our contact form. We’re proud to serve clients throughout Texas.