Legally, these agreements are not necessarily the last word on how the property is divided or on the financial obligations that exist after the divorce. A court may declare certain provisions of a prenuptial agreement unenforceable and thus invalidate those provisions or the entire agreement. In deciding whether an agreement is enforceable in whole or in part, the courts assess: fairness, disclosure of assets and liabilities, the existence of independent legal counsel, and the timing and circumstances of the agreement. In assessing fairness, the courts consider whether an agreement disproportionately favours one spouse over the other. Since circumstances change over time, this will be tested at the time the agreement is to be applied, not when it was executed. The courts will then consider whether the parties have fully disclosed their assets and liabilities, and then whether the parties had a lawyer when drafting the agreement. Concealing assets and liabilities or dividing the lawyer can make a marriage contract unenforceable. Finally, the courts consider the circumstances in which the agreement was signed, particularly whether there was a reasonable period of time available for each party to evaluate the agreement and whether there were signs of coercion or coercion. A post-marital contract is similar to a prenuptial agreement in that it is designed to protect your property in circumstances of divorce or separation. In a post-marital contract, however, it can also help protect in the sense of trusts and wills. Post-marital contracts are intended to protect property, including that accumulated during marriage. In situations where children from previous relationships are affected, a post-marriage contract can help ensure that these children receive the property and inheritance that their parents have reserved for them. In the absence of a valid post-marriage contract, the current spouse often automatically receives a share of their spouse`s estate in the event of divorce or death.
In Texas, postuptial contracts can also be called division or exchange agreements. According to the Texas Family Code, in these agreements, the spouses “may at any time divide or exchange among themselves all or part of their community property, which then exists or must be acquired, as the spouses wish. Property or a share of ownership transferred to one of the spouses through a division or exchange agreement becomes the separate property of that spouse. The division or exchange of property may also provide that future income and income from the transferred property are the separate property of the owner spouse. When divorce and separation are on the table, it`s after a lot of quarrels, and it can cause people to make angry decisions and try to punish their spouse in some way. A post-marital contract can help protect you from the loss of the old chest of hope you inherited after your grandmother`s death, but after your marriage, the house you helped build during the relationship, make sure your children from a previous relationship get the first property rights when you die, instead of your spouse, etc. Historically, the courts believed that marriage contracts violated public order because they were thought to disrupt family relationships or encourage the dissolution of marriages. The courts were also concerned about the unequal bargaining power between the spouses. However, since the 1970s, courts have concluded that such agreements do not violate public order as long as they are constructed in a fair and equitable manner. Some couples who intend to sign prenuptial agreements don`t do so in time or even choose to wait instead and opt for a post-marriage contract instead. This is sometimes because they prefer to marry first before deciding to trade their assets. Some couples may find that they are better equipped to fully assess the details of their personal finances and what is brought into the relationship after marriage. Postnuptial contracts should be considered for spouses who enter into marriage either with significant prenuptial assets or for those who expect to inherit significant future property.
In these cases, post-uptial contracts can help ensure that in the event of divorce, each spouse leaves the marriage with the actions they have chosen. Many post-nuptial contracts may refuse to be challenged by a court, which means you should expect a judge to accept your agreement. .
