Marital Agreements in Dallas

Helping You Protect Your Future

Life holds almost no guarantees, even when it comes to achieving marital bliss. How you feel about your partner now may not be how you feel in the future and, unfortunately, divorce can be a very complex legal process. To ensure that, no matter what happens in your marriage, you and your spouse’s respective interests are protected, it is essential to create a marital agreement. At DebnamRust PC in Dallas, our family law team can assist you in creating a post-nuptial or pre-nuptial agreement that meets your needs.

Call our legal team today at (214) 758-8681 to schedule an initial consultation with one of our attorneys to learn more about marital agreements in Texas.

Benefits of a Marital Agreement

• Asset Protection: Protects pre-marital assets, inheritances, and individual property acquired during the marriage.
• Debt Protection: Shields one spouse from the other’s debts, including personal, business, or educational loans.
• Clarity and Security: Establishes clear terms for asset division, spousal support, and other financial matters, reducing potential conflict in the event of divorce.
• Estate Planning: A well-drafted marital agreement can ensure that specific assets are preserved for children from prior marriages or other family members.
• Support for Business Interests: Protects business ownership and interests, particularly for entrepreneurs and business owners, preventing complications if the marriage dissolves.

Types of Marital Agreements We Handle

Prenuptial Agreements

A prenuptial agreement, or "prenup," is created before marriage and details how assets, debts, and other financial matters will be handled in the event of divorce, separation, or death. These agreements can protect pre-marital assets, address potential spousal support, and provide clarity for both parties entering into the marriage.

Postnuptial Agreements

Postnuptial agreements are similar to prenuptial agreements but are created after marriage. These agreements can address any changes in circumstances, such as career advancements, inheritance, or the acquisition of new assets. They’re ideal for couples who wish to make adjustments to financial arrangements that may not have been considered before the marriage.

Cohabitation Agreements

Cohabitation agreements are designed for unmarried couples who live together and wish to outline their financial and legal responsibilities. These agreements can protect assets, provide for children, and clarify each party's rights and obligations in the relationship.

Partition and Exchange Agreements

In Texas, marital property laws are governed by community property rules. A partition and exchange agreement allows couples to convert community property into separate property, giving each party control over certain assets. This agreement can be helpful for estate planning purposes, protecting certain assets from creditors, or clarifying ownership.

"Can I Get a Prenup After We're Married?"

While most people are familiar with pre-nuptial agreements and understand that these documents are created before couples say, “I do,” not everyone is familiar with post-nuptial agreements. Even if you and your spouse did not take the time to create a marital agreement before tying the knot, you can still create one later on.

As is the case with a pre-nuptial agreement, you and your spouse must both agree to the terms in writing. Moreover, the agreement cannot overwhelmingly favor either party and there must be full disclosure between spouses.

Benefits of a Prenuptial Agreement

Ultimately, pre- and post-nuptial agreements have one essential difference: whether or not you and your spouse are married already. For a spouse who comes into the marriage with significant assets or debts, family wealth, trust benefits, or any other critical property, pre-nuptial agreements are an important part of wedding preparations. 

Some benefits of having a prenuptial agreement include:

• Protection of separate assets brought into the marriage
• Clarification of financial expectations during the marriage
• Establishment of guidelines for property division in case of divorce
• Protection from debts incurred by your spouse
• Peace of mind knowing that your financial interests are secure

While discussing a prenuptial agreement may not be the most romantic part of wedding planning, it can provide many benefits and peace of mind for both parties. A prenuptial agreement can help protect your assets, clarify financial responsibilities, and establish guidelines for any potential future disputes. In the end, a pre-nuptial agreement allows spouses to make their relationship solely about their love for one another, unencumbered by whatever assets or debts they bring into the marriage.

What You Should Include in Your Marital Agreement

Our legal team can advise you regarding what cannot be included in your marital agreement. It is important not to include certain matters, such as those that may relate to child custody, since they may invalidate your entire agreement.

Here are some of the items you can include in your marital agreement:

• Your rights and responsibilities to separate or marital property
• Your right to transfer, use, or dispose of property
• How property is distributed upon divorce
• The creation of a trust or will
• The rights of death benefits under a life insurance policy

Both parties must have their own respective lawyers to ensure they each fully comprehend the terms of their agreement.

Call Our Dallas Marital Agreement Lawyers to Get Started!

Whether you are getting married or already tied the knot, creating a marital agreement can be immensely beneficial for your future. At DebnamRust PC in Dallas, our experienced family law team can help you smoothly navigate this process and ensure your future is protected no matter what may happen in your marriage.

Reach out to our law firm today at (214) 758-8681 to schedule an initial consultation with one of our family lawyers to begin the process of creating your marital agreement.

FAQ About Marital Agreements in Texas

1. Are prenuptial agreements enforceable in Texas?
Yes, prenuptial agreements are enforceable in Texas as long as they are created voluntarily, signed by both parties, and are fair and reasonable. The agreement must not include terms that are unconscionable or would create hardship for one party, and each party should disclose all relevant financial information.

2. Can we modify a prenuptial agreement after marriage?
Yes, a prenuptial agreement can be modified or replaced with a postnuptial agreement if both parties agree. Any modifications must be made in writing, signed by both parties, and should comply with Texas laws to ensure enforceability.

3. What happens if we divorce without a marital agreement?
Without a marital agreement, Texas community property laws apply. This means that any property acquired during the marriage will be divided equitably in the event of divorce. A marital agreement allows you to establish specific terms for asset division, offering more control over how your assets will be distributed.

4. Do I need a lawyer to create a marital agreement?
While it’s not legally required to have a Dallas marital agreement lawyer, working with an experienced attorney is highly recommended. A lawyer can help ensure that the agreement complies with Texas law, is fair to both parties, and addresses all relevant issues, reducing the chances of future disputes.

5. How much does it cost to draft a marital agreement?
The cost varies based on the complexity of the agreement, the assets involved, and other factors. At DebnamRust, P.C., we provide a transparent breakdown of costs during our initial consultation and work to deliver value with clear and legally sound agreements.

6. Can a marital agreement cover child custody or support?
No, Texas law does not allow marital agreements to include provisions regarding child custody or support. These matters are typically determined by the court, with the child’s best interests as the primary consideration.

7. Is it too late to create a marital agreement if we’re already married?
No, you can still establish a postnuptial agreement after marriage to clarify or update financial responsibilities and asset protection arrangements. Postnuptial agreements can be beneficial if financial circumstances change or if new assets are acquired after marriage.

8. What if my spouse doesn’t want to sign a marital agreement?
A marital agreement must be signed voluntarily by both parties. If one spouse feels pressured, the agreement may be considered invalid in court. Open communication about the purpose and benefits of the agreement can be helpful, but both parties must be willing participants.