Marital Agreement Attorney in Austin

Effectively Protecting Your Assets & Your Future

While drafting a marital agreement is not typically thought of as a romantic gesture, marital agreements are extremely practical and useful legal instruments. Prenuptial and postnuptial agreements can be used to protect both your and your spouse’s assets in the event of a divorce. This is especially important if either party is bringing significant business or personal property into the marriage. You are not expecting to get divorced but working with an Austin marital agreement lawyer can help ensure your future is protected. Attorney Melissa Williams can guide you through the legal process and help you with your family law needs.

Prenuptial vs. Postnuptial Agreements in Texas

A prenuptial agreement is a contract that a couple enters into prior to marriage while a postnuptial agreement is a contract that a couple who is already married creates and signs. Both agreements have the same purpose, which is to list out how finances and related issues will be handled in the case of a divorce.

Marital agreements are so frequently associated with celebrities, business owners, and wealthy individuals. However, they offer value to virtually any couple. A marital agreement can be used to protect your credit, your family's business, and even your employment benefits. With over 25 years of experience, we have handled many types of family law and divorce cases and have personally seen countless situations get out of hand due to a lack of a marital agreement. We can work with you to create a marital agreement that fits your individual needs.

A few common reasons to draft a marital agreement include:

• To protect your financial assets in the event of divorce or death
• To prevent financial disputes from arising in your marriage
• To strengthen your estate plan

Common Prenuptial Agreement Clauses

There are some specific provisions that are commonly included in a prenuptial agreement. Two of the most common are:

• Identification of each party’s property and debt owned prior to marriage, and a determination for which will be considered separate property in the event of a divorce.
• An agreement regarding property acquired during marriage, and whether it will be considered community property or separate property in the event of a divorce.

Prenuptial agreements might also state that:

• Each party’s salary will be considered separate property
• Income generated from separate property would remain separate
• Spousal support will be waived

While a marital agreement can help with many different aspects of your marriage, there are a few provisions which are not allowed. For example, you cannot include child custody or support terms in a prenuptial agreement.

The Benefits of Prenuptial and Postnuptial Agreements in Texas

Having a marital agreement in place can bring several advantages, providing both financial and emotional clarity. Here’s how a prenuptial or postnuptial agreement can benefit you:

• Clear Property Division: A marital agreement sets out how property and assets will be divided in case of a divorce. This can prevent confusion and disputes over ownership.
• Reduced Conflict: By addressing financial matters in advance, both parties can avoid unnecessary conflict during what is already a stressful time.
• Protection of Interests: Both spouses can protect their individual financial interests, ensuring that their separate property remains theirs, and that shared property is divided fairly.
• Peace of Mind: Knowing that your finances are protected gives both partners peace of mind, allowing them to focus on building their marriage instead of worrying about potential future conflicts.

How Marital Agreements Can Help Protect Business Owners and Entrepreneurs

For business owners or entrepreneurs, a marital agreement is essential in safeguarding their business interests. Here's why:

• Business Protection: If you own a business before marriage or start one during the marriage, a marital agreement can ensure that your business is classified as separate property, preventing it from being divided in a divorce.
• Preserving the Family Business: For those with family-run businesses, a marital agreement can ensure the business remains in the family, even if the marriage ends.
• Asset Security: A prenuptial or postnuptial agreement can protect any significant investments or intellectual property tied to your business from being considered marital assets.

Understanding Spousal Support Provisions in Texas Marital Agreements

Spousal support (also called alimony) is another important consideration when drafting a marital agreement. Texas law allows spouses to agree on whether spousal support will be paid in the event of a divorce. Here’s what to know:

• Spousal Support Clauses: A marital agreement can specify whether spousal support will be waived or set a specific amount.
• Texas Law on Spousal Support: Texas limits the duration and amount of spousal support unless specific conditions are met, like long marriages or one spouse being unable to support themselves after the divorce.
• Customized Terms: You can create terms that are suited to your unique situation, including the amount, duration, and conditions under which spousal support may be granted or terminated.

By addressing these key points in your prenuptial or postnuptial agreement, you can ensure that both spouses' rights are clearly defined and legally protected.

Personalized Legal Solutions for Your Unique Situation

At Melissa M. Williams, we understand that every individual and family situation is unique. That's why we offer personalized legal solutions tailored to your specific needs and goals. Whether you're looking to protect your assets, plan for the future, or navigate complex family law matters, our experienced attorneys in Austin, TX are here to help.

Our team takes the time to listen to your concerns, understand your objectives, and provide guidance that is both legally sound and personally meaningful. We strive to empower our clients with the knowledge and support they need to make informed decisions and achieve the best possible outcomes.

From drafting marital agreements to representing clients in family law court, we are committed to providing compassionate and effective legal representation every step of the way. today to schedule a consultation and discover how we can help you navigate the legal process with confidence.

Frequently Asked Questions About Marital Agreements in Texas

• Are prenuptial and postnuptial agreements enforceable in Texas?
  Yes, both prenuptial and postnuptial agreements are legally enforceable in Texas as long as they meet certain requirements. These include full financial disclosure, voluntary agreement by both parties, and compliance with state laws.
• Can a marital agreement be changed after it is signed?
  Yes, a marital agreement can be modified or revoked, but it must be done in writing and signed by both parties. It's important to consult with a lawyer to ensure that any changes are legally valid.
• Do I need a lawyer to create a marital agreement in Texas?
  While it's not required to have a lawyer, it is highly recommended. A lawyer ensures that the agreement is legally sound, fair, and reflects both parties' intentions. They can also help navigate any complex financial or legal matters.
• Can a marital agreement include child custody or child support provisions?
  No, Texas law prohibits including child custody or child support provisions in prenuptial or postnuptial agreements. These issues must be decided based on the child's best interest at the time of divorce or separation.
• What happens if we don’t have a marital agreement in Texas?
  If there is no marital agreement, Texas law will divide property according to the community property rules, which means assets and debts acquired during the marriage will generally be divided equally. Separate property will remain with the individual who owns it.
• Can a marital agreement protect me from my spouse’s debts?
  Yes, a marital agreement can protect you from your spouse’s debts. It can specify that any debts incurred by one spouse before or during the marriage remain their responsibility and not part of the shared liabilities.
• Is a marital agreement only for wealthy people or business owners?
  No, marital agreements can benefit anyone. They are helpful for protecting personal assets, ensuring fair property division, and preventing future conflicts, regardless of wealth or business ownership.

Retain a Board-Certified Family Law Attorney in Austin

If you are planning to get married, speaking with an Austin marital agreement attorney is in your best interest. We can sit down with you to discuss whether or not drafting a marital agreement is right for you and if so, what it should include. Attorney Melissa Williams can help you create a comprehensive agreement that helps to prevent or resolve major disputes before they even arise.