Your Family Is
Our Focus

YOUR FAMILY IS OUR FOCUS

San Marcos Texas Legal Blog

A postnuptial agreement can protect you during divorce

| Dec 13, 2018 | Divorce |

Some Texas couples feel that they do not have enough assets to warrant a prenuptial agreement. Others worry that bringing up the topic will send the wrong message to their fiance. For whatever reasons a couple decides to forgo a prenup, ideas of what a marriage will be like and the reality of how it actually is are often quite different.  However, this does not mean that they will have to resign themselves to being unprotected during a divorce.

A postnuptial agreement is very similar to a prenup, except that it is signed after a couple has already tied the knot. The reasons for drafting a postnup are as wide and varied as the reasons for a prenup, but the end goal is usually the same — protecting an individual’s interests during a divorce. This involves carefully detailing which property is separate and which is considered community property, the latter of which will have to be divided during property division. Some people even choose to skip this matter and address exactly how to divide assets in their postnup.

This document does not have to be signed immediately after a marriage, either. A person who decides to start a business three, four, five or more years into a marriage can still utilize these useful documents to protect his or her growing business interests. Learning of a future inheritance may also spur some people to take protective measures with their property.

Although important, discussing finances before saying “I do” can be uncomfortable. Many engaged couples skip the conversation altogether, putting them into a difficult situation once they are married and realize the reality of their financial situation. In these cases, crafting a postnuptial agreement not only provide invaluable protection during divorce, but it may also give Texas couples a pathway toward more open communication.