Implications of postnuptial agreements in Texas family law

Postnuptial agreements are contracts between spouses, outlining how they’ll handle assets, debts, and other matters in the event of a divorce or death. Understanding these implications is a must for anyone considering a postnuptial agreement.

Validity of postnuptial agreements

For a postnuptial agreement to be valid in Texas, it has to meet certain criteria. For one, the agreement must be in writing, and both spouses must agree to the terms without any form of coercion or undue influence. 

Each spouse must also fully disclose their financial situation, including assets, income, and liabilities. Finally, the agreement must not be unfair or one-sided. If the agreement doesn’t meet any of these criteria, the court may deem it invalid.

Impact on property division

Texas is a community property state, meaning that the spouses will equally split any assets acquired during the marriage. However, a postnuptial agreement can specify a different arrangement. It may allow the spouses to divide assets in a manner that differs from the equal 50/50 split typically required by community property rules, like a conditional division. 

Spousal support considerations

Postnuptial agreements can also address spousal support. The agreement may include provisions that waive the right to spousal support or establish specific payment terms. However, the court can disregard these provisions if they are unfair or if circumstances have changed since the official agreement.

Starting agreements on the right track

Postnuptial agreements can have significant implications on property division and spousal support. While they provide a way for couples to manage their financial affairs, it’s important to understand how they work within the framework of family law to ensure fairness for both parties.