Prenuptial and Postnuptial Agreement Representation in Austin, Texas
Marriage creates a legal partnership with financial consequences that many couples do not fully consider until problems arise. For individuals in Austin, Texas, prenuptial and postnuptial agreements offer a way to address those consequences directly—before uncertainty, conflict, or litigation enters the picture.
These agreements allow spouses and future spouses to take control of financial decision-making instead of leaving important questions to Texas law alone. When prepared correctly, they can reduce risk, clarify expectations, and provide a framework for handling major life changes.
At Stange Law Firm, we assist clients throughout Austin and Travis County with the drafting, evaluation, and enforcement of prenuptial and postnuptial agreements. Our work focuses on creating agreements that are practical, enforceable, and aligned with each client’s financial reality.
When Prenuptial Agreements Are Used
A prenuptial agreement is a written contract signed before marriage that addresses how financial matters will be handled if the marriage ends by dissolution or death. In Texas, these agreements are governed by the Uniform Premarital Agreement Act (UPAA).
Individuals often consider prenuptial agreements when they:
Own property or assets before marriage
Carry significant premarital debt
Have business, professional, or investment interests
Expect future gifts or inheritances
Want clarity regarding spousal maintenance
Are entering a second or later marriage
Some prenuptial agreements are narrow and targeted. Others are more comprehensive due to the nature of the parties’ finances. Regardless of scope, the agreement should be customized to the individuals involved—not copied from a template.
Legal Standards for Prenuptial Agreements in Texas
For a prenuptial agreement to be enforceable in Texas, it must meet specific statutory requirements. In general, the agreement must:
Be in writing
Be signed by both parties before marriage
Be entered into voluntarily
Include fair disclosure of assets and liabilities, or a valid waiver of disclosure
Texas law does not require separate consideration beyond the marriage itself. However, agreements that are unconscionable or improperly executed may later be challenged in court.
Postnuptial Agreements for Married Couples in Travis County
Postnuptial agreements are executed after a marriage has already begun. While they address many of the same issues as prenuptial agreements, they often arise after financial circumstances change or when spouses want clearer financial boundaries moving forward.
Postnuptial agreements may be used to define ownership of newly acquired property, clarify debt responsibility, or formalize financial arrangements during marriage. Because spouses owe fiduciary duties to one another, courts often review these agreements carefully.
Clear drafting, transparency, and voluntary participation are critical factors in determining whether a postnuptial agreement will be enforced.
Enforcement and Disputes Involving Marital Agreements
Disputes over prenuptial or postnuptial agreements most often surface during dissolution proceedings. When enforceability is contested, courts may examine how the agreement was negotiated, whether disclosure requirements were met, and whether enforcing the agreement would be unconscionable under current circumstances.
One common point of contention involves legal representation at the time of signing. If one party did not have independent counsel, that fact may later be raised to challenge enforceability. Separate legal advice for each party can help reduce that risk.
When litigation becomes necessary, we work with clients to develop strategies that consider legal options alongside practical concerns such as cost, timing, and long-term impact.
Travis County Court Resources for Austin Residents
Marital agreement matters in Austin are generally handled through the Travis County court system. The following resources may be helpful:
Speak With an Austin, Texas Attorney About Marital Agreements
While prenuptial and postnuptial agreements are not always easy topics to raise, many individuals view them as practical planning tools that reduce uncertainty and promote transparency. Addressing financial expectations early may help avoid disputes later.
To schedule a confidential consultation with a prenuptial or postnuptial agreement attorney in Austin, Texas, contact Stange Law Firm online or call 855-805-0595.
Austin / Travis County Office:
3800 North Lamar Boulevard, Suite 2003
Austin, Texas 78756
Phone: 512-616-0730
