A Guide to Pre-Marital vs. Post-Marital Agreements in Texas
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Texas couples who want to protect their assets have two main options: pre-marital and post-marital agreements. While both agreements deal with finances in the event of a divorce or in probate, there are key differences to consider.
Let's break it down:
Timing is Everything: Pre-marital agreements are signed before you tie the knot, while post-marital agreements come into play after you're already married. You can even sign a post-marital agreement years down the line.
Fiduciary Duty: This is a big one in Texas. Since you're already married when creating a post-marital agreement, there's a legal duty to be fair and honest with each other during the process. Think of it as treating your spouse in the agreement the way you would want them to treat you if the roles were reversed.
Changing Property Types: Want to convert separate property into community property (meaning it's shared in a divorce)? In Texas, a post-marital agreement requires specific legal wording to make it happen.
Effective Dates: Pre-marital agreements kick in as soon as you say "I do." Post-marital agreements, on the other hand, take effect the moment both parties sign the document.
Now, let's explore the similarites.
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Carol Wilson provides expertise, focus and compassion in times of family turmoil, having skillfully litigated and tried complex divorce, property division, and child custody cases for more than 35 years.
She has been Board Certified in Family Law by the Texas Board of Legal Specialization since 1992. Subscribe to the firm's newsletter here.
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Thanks to D Magazine for a 7th Year of ‘Best Lawyers in Dallas’
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The Law Office of Carol A. Wilson is happy to announce that founder Carol Wilson has been selected — for the seventh year in a row — to D Magazine’s list of the Best Lawyers in Dallas for her work in family law.
Thanks to D Magazine for this recognition, and to all the members of the Bar who voted.
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About Our Marital Agreements Practice
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With over 35 years of experience, we guide clients through crafting strong pre-marital and post-marital agreements and navigating challenges to existing agreements in court. This extensive experience allows us to tailor each agreement to our clients' unique circumstances and objectively assess whether a marital agreement is the most beneficial course of action for a given situation.
Find out more about our marital agreements practice.
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