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Postnuptial Agreements Gaining Popularity

Given that some experts estimate that almost half of all marriages will end in divorce, couples throughout the country, including Texas, have utilized various tools that make divorces more straightforward. One such popular tool is the prenuptial agreement, but another lesser-known marriage contract is starting to become more popular among married couples - namely, the postnuptial marriage agreement.

A postnuptial agreement is a legally binding document that is quite similar to a prenup, except that is not signed until after the couple gets married. It has proven to be a helpful tool for couples who realize after marriage that they want to protect themselves if their marriage were to tragically end in divorce.

While in some states postnuptial agreements are unenforceable, that is not the case in Texas. Postnuptial agreements are valid and enforceable in Texas if they meet the following statutory requirements:

  • Both spouses sign the agreement voluntarily
  • The agreement is not unconscionable when signed
  • Both spouses provide a complete and reasonable financial disclosure, voluntarily waive this disclosure in writing or have adequate knowledge of the other's finances

Moreover, there is another type of postnuptial agreement used by Texas same-sex couples when they separate; which can direct how assets should be divided and child custody issues be resolved if the couple were to split.

Source: KABC-TV, "Postnuptial agreements becoming more common, signed after couples get married," Ric Romero, August 29, 2012

Our firm often handles situations in which couples need well-written prenuptial and postnuptial agreements drafted on their behalf. If you would like to learn more about our firm's practice in this area of the law, please visit our Dallas Prenuptial Agreement page.

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