Helping Individuals with Prenuptial & Postnuptial Agreements in Austin, Texas and Travis County
Discussing a prenuptial agreement may not always feel romantic, but it can be an important decision for many couples. Prenuptial agreements, also referred to as prenups, premarital agreements, or antenuptial agreements, help protect separate property in the event of dissolution.
At Stange Law Firm, we assist individuals in Austin, Texas with drafting, reviewing, and litigating prenuptial agreements. We also handle matters involving postnuptial agreements, which are similar to prenuptial agreements but are created after the marriage begins.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal contract between two individuals planning to marry. The purpose of a prenuptial agreement is to protect each person’s assets and property in the event of a dissolution or death. Prenups can also outline how property will be divided if the couple ends the marriage.
Common items covered in a prenup include:
- Premarital assets and debts: A prenup can specify each person’s assets and debts before the marriage. Property such as homes, vehicles, jewelry, and other valuable items acquired before the marriage can be designated as belonging to one individual. This helps prevent disputes and conflicts over ownership of these items in the event of a divorce.
- Inheritances and gifts: A prenup can also address what happens to inheritances and gifts received during the marriage. For example, if one person inherits a house from their parents, the prenup can specify that, regardless of the length of the marriage, the house will remain their sole property.
- Children from a previous relationship: If either person has children from a previous relationship, a prenuptial agreement can be used to determine how financial responsibilities for the children will be handled. This helps prevent disputes over financial support and parenting time in the event of dissolution.
- Spousal support: A prenup may be used to waive the right to financial assistance or specify how much support one spouse would receive if the couple ends the marriage.
- Property division: A prenuptial agreement can outline how property will be divided if the couple decides to end the marriage. For example, the prenup can specify that all property acquired during the marriage will be divided equitably.
Effective Prenuptial Agreements in Austin, Texas
For a prenuptial or postnuptial agreement to be effective in Austin, Texas, it must clearly outline each party’s significant property and debts. The complexity and scope of the agreement may vary, with some spanning only a few pages and others being more detailed, depending on the assets involved. At Stange Law Firm, we ensure that every agreement is customized to fit the individual needs of our clients.
To be valid in Texas, a prenuptial agreement must comply with the Uniform Premarital Agreement Act (UPAA). This means the agreement must be in writing, signed by both parties, and does not require anything beyond the marriage itself to be legally enforceable.
Austin, Texas Postnuptial Agreements
Also referred to as post-marital agreements, postnuptial agreements are legal contracts made by couples who are already married. Similar to prenuptial agreements, they establish how property and assets will be divided if the marriage ends or if one spouse passes away.
Enforcing a Prenuptial or Postnuptial Agreement in Austin, Texas
Enforcing a prenuptial or postnuptial agreement can sometimes be challenging, as courts apply strict standards when evaluating these agreements. When legal action becomes necessary, our skilled attorneys in Austin, Texas, are here to provide dedicated support. We will work closely with you to develop a legal strategy that weighs the costs and benefits of each option, helping you move your case forward toward a favorable resolution.
It is important to note that having legal representation when signing a prenuptial or postnuptial agreement is essential. Without independent legal counsel for both parties, there may be grounds to challenge the enforceability of the agreement. For added confidence in your case, the founding partner of our firm, Kirk C. Stange, authored Prenuptial Agreements Line by Line, a book on prenuptial agreements published by Thomson Reuters (Aspatore Publishing).
Handling Prenuptial or Postnuptial Agreements in Austin, TX
If you are interested in learning more information about the Travis County Court, more information can be found at the following links:
- Travis County Circuit Clerk’s Office: Find more information about the Travis County Circuit Clerk’s office here.
- Travis County Court Information: Discover more information and specific guidelines for the Travis County Courts here.
- Travis County Domestic Law Forms & Information: This link provides you with important legal forms in Austin, Texas.
- City of Austin, Texas: Explore information about the local government of Austin, Texas here.
- Travis County, Texas Courthouse: Get the address and directions to the Travis County Civil Courthouse in Austin from Google Maps by clicking here.
Schedule a Consultation with an Austin, Texas Prenuptial or Postnuptial Agreement Lawyer
While discussing a prenuptial agreement may seem daunting for your marriage, it can offer valuable long-term benefits for both you and your loved ones. To help you better understand the topic, we have written several articles about prenuptial agreements, covering key aspects that may be useful to you: Is a Prenuptial Agreement in Your Future? How to Have ‘The Talk’, Social Media Clauses Gaining Popularity in Prenuptial Agreements, Domestic Asset Protection Trusts Versus Prenuptial Agreements: What is the Best Option?, and Prenuptial Agreements for Elderly Couples.
If you are interested in scheduling an initial consultation with our Austin, Texas prenuptial agreement lawyers, call us today at 855-805-0595 or contact us online.
Travis County (Austin), Texas Office: 512-616-0730 | 3800 N. Lamar Blvd, Suite 2003, Austin, Texas 78756
