A Postnuptial Agreements Lawyer in Houston Can Help Protect Your Assets in Case of Divorce

Signing a marital contract dictating what happens in the case of a divorce probably doesn’t seem romantic. Unfortunately, it’s often the right approach since many marriages do eventually end. Most people have heard these contracts referred to as prenuptial agreements, and this indicates that they’re signed prior to marriage. If you’re already married and feel that such a contract could be beneficial, though, a postnuptial agreements lawyer in Houston may be able to help.

At Von Dohlen Law Firm, we strive to simplify family law issues for our clients. One of the easiest ways to do this is to have an agreement in place prior to the dissolution of a marriage. This can save a significant amount of time and money over litigation. However, understanding postnuptial agreements in Texas is vital if you hope to create an enforceable contract. Contact our law firm today to learn more.

What Is a Postnuptial Agreement?

A postnuptial agreement is very much like a prenuptial agreement. The primary difference is when the two documents are signed. While one is signed before marital vows have been taken and one is signed after, they both have the purpose of outlining how certain financial issues will be handled during a divorce. Property division — both assets and debts — is often the primary focus.

For instance, a postnuptial agreement could dictate that a certain property will remain in a specific spouse’s control in case of a divorce. This can prove invaluable for business owners, but protecting assets isn’t something that only entrepreneurs can benefit from. For instance, you may decide that you don’t want to share your spouse’s debts if they develop a gambling problem. Regardless of your specific financial needs, a post-marital agreement can help protect them.

Are Postnuptial Agreements Enforceable in Texas?

There are some states where postnuptial agreements are presumptively unenforceable. This means that the individual trying to enforce the contract will have to prove in court that it’s valid. In our state, this isn’t necessary. Like other contracts, Texas postnuptial agreements are considered valid and enforceable as long as they’re created correctly.

In order to get out of such an agreement, a party must prove in court that the arrangement was invalid or otherwise unenforceable. A Houston postnuptial agreements attorney can review your contract to help you better understand its enforceability. By seeking legal help prior to signing such a document, however, you can ensure your arrangement is fair and legal from the start.

What Can Postnuptial Agreements Not Do?

There are a variety of issues that cannot be dictated by a postnuptial agreement in Texas. Creating a contract that attempts to deal with such issues can immediately make it invalid. For instance, you cannot set forth arrangements regarding child support or custody in a postnuptial agreement. These are issues that must be handled during a divorce.

Agreements that are unconscionable or illegal are also unenforceable. For instance, an agreement stating that an individual gets no spousal support — even though she quit her job to care for a special needs child — would likely be considered unconscionable. Any issues that would invalidate a normal contract — such as coercion — can also make a postnuptial agreement unenforceable.

The fact is that these legal contracts are complex, so getting the help of a postnuptial agreement lawyer in Houston may be the wisest decision you can make. When you sign such a contract, you want to ensure that it’s both fair and enforceable. If you fail in this endeavor, the courts may end up making all your financial decisions with very little input from you after a divorce.

Contact a Postnuptial Agreements Lawyer in Houston Today

There are various reasons you may choose to enter into a postnuptial agreement. Regardless of your reasoning, however, it’s important that you follow the appropriate legal procedure. Even simple and non-malicious oversights can render these contractual arrangements void in court, so seeking legal help to ensure they’re enforceable is a wise decision. A Houston family law attorney can help in this endeavor.

At Von Dohlen Law Firm, we have the experience and dedication necessary to simplify your family law issues. Divorce is complicated, and it’s possible that issues you both agree on now could become contested down the road. That’s just one reason why having such a marital contract in place is vital. Contact us today by calling (713) 844-8396 to schedule a consultation. Having a postnuptial agreement lawyer in Houston on your side can prove invaluable.