Premarital and Postnuptial Agreements

Negotiating Texas Prenuptial and Postnuptial Agreements

As an experienced family law attorney, Holly Schymik can understand why many people would prefer not to consider a prenuptial agreement — thinking about the possibility of divorce before marriage can definitely detract from the newlywed mood. People entering a second or third marriage, however, are often quick to see the benefits of a prenuptial agreement, and only regret that they didn't have one the first time around.

There is no need to twist anyone's arm to negotiate and sign a premarital contract. But if you're interested in seeing how a prenuptial can held you protect your rights, or if your intended spouse has given you a proposed agreement to review, Holly can definitely help. Contact her for the legal assistance you need.

Just what is a prenuptial agreement?

A prenuptial or premarital agreement is a contract negotiated and executed prior to marriage, and its main objective is to clarify certain financial matters of concern to the prospective spouses before they become matters of dispute.

A prenup can reflect the parties' agreement that a certain asset might be characterized as separate or community property, or it might document that one person paid thousands toward the other's premarital debt and expects to get those funds back in the event of divorce.

The main objective of a prenuptial agreement is to redefine your rights in preference to what Texas law provides by default. A prenuptial agreement works much like a last will and testament, which transfers assets in a manner different from what Texas law requires if a person died without a will.

A prenuptial agreement is ineffective to reduce the obligations of parents to pay child support. Because a child is not a party to the prenuptial agreement, and because child support rights belong to children, a parent can't negotiate those rights away.

An enforceable prenuptial agreement will be based on full and honest disclosure, a real opportunity to review its terms prior to execution, and basic fairness in its provisions. A prenup can even commit the parties to such alternative dispute resolution techniques as collaborative law, mediation or arbitration in the event of divorce.

Holly Schymik can advise you about the pros and cons of a premarital agreement under your particular circumstances. She can negotiate the terms, review proposed agreements, draft an agreement on your behalf, or even help you and your spouse reach an agreement through collaborative processes. If necessary, she can also defend or attack a prenuptial agreement in court as the case may be.

What about postnuptial agreements — what’s their function?

Basic marital and divorce rights can be modified, waived or strengthened in a postmarital agreement just as they can prior to marriage. The typical postmarital agreement will be negotiated between spouses whose marriage is not going well, but for any number of reasons — children, religion, health insurance, pension rights, credit problems — divorce is impractical or impossible. Holly's advice in negotiating and preparing a postmarital agreement can go a long way toward making a difficult situation easier to live with.

To learn more about her experience with prenuptial and postnuptial agreements, contact experienced family law attorney Holly Schymik in East Dallas.