Divorce and family law
HOW CAN PREMARITAL AGREEMENTS OR POSTMARITAL AGREEMENTS HELP YOU?
Premarital (or prenuptial) agreements are entered into prior to marriage. Postmarital agreements are entered into after marriage.
In Texas, both premarital and postmarital agreements are generally referred to as “marital property agreements.” In a marital property agreement, parties may contract concerning any matter, including personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty, and as long as the rights of a child to receive support are not adversely affected.
The existence of a well-planned marital property agreement can significantly reduce the time and money spent on divorce litigation because, at the time of a divorce, marital property will be divided based upon pre-specified contractual conditions. A marital property agreement may also provide that no community estate will be created during the marriage and, accordingly, there will be no property to divide at the time of a divorce.
Contact our firm today to learn how these agreements may protect you in the future.
KEY ELEMENTS OF PRE- AND POSTMARITAL AGREEMENTS
When most people think of marital property agreements, they think of one party having a large separate property estate that they want to protect. While this is often the reason for entering into marital property agreements, these agreements are also an important tool in preventing protracted and costly divorce litigation.
A divorce court is charged with dividing a marital estate as the court deems “just and right” based upon the unique facts of each case. The factors a court can consider are limitless, which can mean that instead of focusing on settlement, a party may be focused on developing factors that could win them a larger property award.
The negotiation, proper drafting and proper closing of a marital property agreement are critical. Equally as critical, marital property agreements must be negotiated in a delicate and tactful way so as not to cause issues within the parties’ relationship.
Lacy LaFour has extensive experience drafting 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.
IT IS BETTER TO MAKE THESE DECISIONS NOW
Should the worst happen, and you are facing divorce, you will be relieved that you have these contracts in place. If you are contemplating entering into a marital property agreement, contact LaFour Law Firm, P.C., online or by phone at 713-369-5932 in the Houston area and arrange a time to talk with us.
We can assist you not only in formulating creative proposals but also in finding the words to bring up this delicate subject with your future spouse.