Premarital And Postmarital Agreements

Premarital (or prenuptial) agreements are established prior to marriage, while postmarital agreements are created after marriage. In Texas, both types of agreements are commonly referred to as “marital property agreements.”

Contact our firm today to learn how these agreements may protect you in the future.

Premarital agreements versus postmarital agreements

With a few limitations, parties can contract for almost anything they agree upon in marital property agreements, however, there are significant differences in what a client may be able to effectuate in a premarital agreement versus a postmarital agreement. Therefore, it is critical to understand that while both documents can serve similar goals, there are potentially far-reaching legal differences between the two. 

If you are not married and you are contemplating a premarital agreement, it is imperative that you speak with a lawyer experienced in these types of agreements prior to your marriage to ensure that you understand the different implications of the two agreements. Do not simply assume that you can wait until after the marriage to address the marital property agreement.

What are the benefits of a marital property agreement

Although no one gets married with the expectation of getting a divorce, unfortunately, sometimes lives do not work out as initially hoped and expected. If parties find themselves in a situation where a divorce is necessary, a well-planned, well written marital property agreement can significantly reduce the time and expense of divorce litigation. 

One of the primary ways marital property agreements can prevent protracted and costly litigation is that, commonly, marital property agreements provide pre-specified conditions for the division of assets in the event of a divorce. This means that rather than spending years with divorce attorneys arguing over how the estate will be divided or disentangled, parties will be required to follow the agreements they established prior to their marriage.

The importance of early planning

Admittedly, discussing a premarital agreement amid the excitement of an upcoming marriage is not the most romantic idea. However, when a premarital agreement is necessary or simply desired, it cannot be stressed enough that the earlier you start the planning and negotiating of these contracts, the smoother and less stressful the process will be. 

Too often, couples avoid discussing the subject of a premarital agreement until the last minute, leading to increased pressure and the challenging task of wedding planning while simultaneously dealing with lawyers and contract negotiations. Early planning allows for thoughtful consideration and a less stressful experience. 

For parties with complex estates, business interests, partnerships, or those coming into a marriage with pre-marriage property, it is even more important to begin the process months in advance of a wedding date.

Expert handling of marital property agreements

The negotiation, proper drafting, and proper closing of a marital property agreement is critical. Equally important is that these agreements are negotiated delicately and tactfully to avoid causing issues within the parties’ relationship.

Lacy LaFour has extensive experience drafting complex marital property agreements. She takes a sensitive but firm approach when negotiating property agreements, always allowing the client to set the tone and the pace of the negotiations. When agreements are reached, she focuses on detailed and specific drafting and provides a closing ceremony for the execution of the documents, all of which are designed to augment the overall strength of the contract.