Post-marital property agreements
All property acquired during the marriage is presumed community property. By using a postnuptial agreement, a couple can partition or exchange all or some portion of their community property between themselves, including the income or earnings from the divided property. Dunnam & Dunnam routinely represents parties in post-marital agreements. If you have questions about such an agreement, contact one of the family law attorneys at Dunnam & Dunnam at 254-753-6437.
Reasons for postnuptial agreements usually include:
• to ensure that a family business stays in the family
• to protect children, property and obligations
• to protect one marriage partner from a heavy debt load accumulated by the other over the course of the marriage
• to provide security for parties in a troubled marriage
In order to be enforceable, postnuptial agreements must in writing and signed by the parties agreeing to its terms. Under Texas law, a party may challenge the enforceability by proving that they did not sign the agreement or that it was signed involuntarily. They may also challenge the validity of the agreement if it was unconscionable on its face or the challenging party was not given a full and accurate disclosure of the assets and financial obligations of the other party.
If you feel the need for entering into a postnuptial agreement or just want to ask questions about whether it would be beneficial, it is very important for you to seek the advice of an attorney experienced in family law matters.
The attorneys at Dunnam & Dunnam routinely represent people in marital agreements. To discuss your postnuptial matter with an experienced Central Texas attorney, contact one of our family law attorneys at 254-753-6437.
The attorneys below at Dunnam & Dunnam routinely represent people in marital agreements. To discuss your postnuptial matter with an experienced Central Texas attorney, contact one of our family law attorneys at 254-753-6437.