Getting married is a time for joy and celebration. Some couples may also need to consider protecting their assets, along with potential future assets. Divorce can strike at any time, and it can prove vital to set up the legal provision afforded by a prenuptial or postnuptial agreement. While some individuals may view these documents in a negative light, they serve to protect individuals and families. They can help relieve worries as well as set ground rules for the relationship. If you are given a premarital or postmarital agreement, make sure to review the full document with an attorney to ensure you are protected.
At the Walke-Wilson Firm, our team is here to serve individuals living in The Woodlands and the surrounding areas when it comes to all legal disputes or concerns that may arise between members of a family or those in intimate relationships with one another. Our team understands that every marriage agreement operates differently, and we are dedicated to working closely with you to help you realize your goals and priorities.
Pre-marital and post-marital agreements can be used to define the rights and obligations associated with property; however, they neither include nor preclude any child support obligation. Premarital agreements are perfect for people who are planning to remarry and wish to protect assets for the benefit of their children from an earlier marriage. They allow people to detail what property belongs to whom, as well as to outline the way in which a marriage will run, such as career sacrifices and responsibilities that may occur or need to occur throughout the length of the marriage.
Prenuptial agreements, which are also referred to as premarital agreements in Texas, must be created prior to marriage and they become effective upon the marriage. Most people know that these types of agreements can keep someone from getting access to certain assets, which may be owned prior to the marriage or acquired during the marriage. What many may not know is that there are also conversion agreements, which can allow a party to either create community property from separate property or to create separate property from community property. Conversion agreements are significantly more limited than pre-marital agreements.
There are generally two types of post-marital agreements, partition/exchange agreements, and conversion agreements. The purpose of these documents is to either create community property from separate property or to create separate property from community property. Although more limited than pre-marital agreements, these can be used to define spouses’ rights and duties during the marriage.
In many situations, it will be up to you and your spouse, or future spouse, to decide if a prenuptial or postnuptial agreement is right for your relationship. There can be several reasons for seeking either one of these legal documents, including:
Because of their complicated nature, it is important that you discuss establishing a prenuptial or postnuptial agreement with your spouse early on in order to avoid certain disputes that can arise. These documents can be necessary, but they don’t have to be confusing. The team at the Walke-Wilson Firm is here to guide you through every step and protect your desires.
When you work with the team at the Walke-Wilson Firm, you can rest assured that you have the right people in your corner. We want to make sure you are protected. Allow us to focus on the legalities and the drafting process, while you focus on either your upcoming or current marriage. This is an exciting time and we hope to celebrate with you!
Additionally, we can be of assistance to you in the following ways:
When it comes to your family, you want to be the one who is calling the shots. Don’t get stuck leaving the tough decisions up to a judge or a jury. At the Walke-Wilson Firm, we believe in the necessity of candor as well as the need for compassion. We are devoted to each of our clients and will work diligently to resolve your case as efficiently as possible.
When it comes to your marriage and the protection of your assets, you want to be the one calling the shots. At the Walke-Wilson Firm, we are here to help. You can count on us to consider every detail and communicate with you all your legal options when it comes to the creation of a prenuptial or postnuptial agreement. To schedule a consultation with our team, contact our offices.