Why is Having a Postnuptial Agreement Important?

Postnups streamline possible divorces and reduce the possibility of divorce.

Surprisingly, perhaps the best reason to have a postnuptial agreement is to strengthen your marriage. These contracts encourage couples to openly discuss and disclose their financial goals, concerns, and money management approaches, thus creating a solid foundation for handling financial matters together. This open dialogue strengthens the relationship and improves overall communication.

Furthermore, a post-marriage property agreement does not have the same “divorce insurance” stigma as a premarital property agreement, although both contracts have the same provisions.

Texas lawmakers recently adopted the Uniform Marital and Premarital Agreements Act. The UMPAA streamlined laws and removed much judicial discretion. So, it is easier for a Fort Worth family law attorney to draft a solid postnuptial agreement and challenge unfair agreements. Moreover, the results are consistent in different Texas counties, as well as in the other twenty-seven UMPAA states.

Making a Postnuptial Agreement

These contracts address and resolve the financial and emotional arguments that often undermine even the most solid marital foundation.

We touched on money matters above. These provisions often include property classification and division. Usually, this process is the most time-consuming part of a divorce. So, if the couple splits up, which is likely, especially if they are on their second marriage, postnuptial agreements avert a long and costly divorce that no one wants.

These provisions also establish firm current expectations. There is no doubt as to who manages what and who has control over what.

Emotionally, postnuptial agreements resolve the inheritance and succession questions that often plague second marriages. If Sam wants to leave his law practice to his son from his first marriage, a postnuptial agreement enables him to do that. Furthermore, since they know about the exchange in advance, Sam’s stepchildren usually do not have hurt feelings when the time comes.

A Fort Worth family law attorney often drafts executory documents, like wills and trusts, that supplement the relevant provisions in a postnuptial agreement.

Breaking a Postnuptial Agreement

Prenuptial agreements have three possible challenge points that could overturn provisions a judge deems unfair. Postnuptial agreements usually only have two.

A judge may invalidate a property agreement if one spouse was under extreme duress to sign. This extreme duress must be more than an early “sign or else” ultimatum. Usually, that ultimatum, or a similar one, must come when the organist starts Here Comes the Bride. Such extreme duress is extremely uncommon in postnuptial agreements since the whirlwind of marriage is in the rearview mirror.

A judge may also invalidate certain portions of a postnuptial agreement if one spouse withheld material information from the other spouse or the property distribution was unconscionably unfair.

In addition to the withholding of material information, the challenging spouse must prove the withheld data was unavailable elsewhere. Timing is important in unconscionability challenges. The distribution must have been unconscionable when it was made. Stock certificates are a good example. Shares are often nearly worthless at one point and almost priceless a few years later.

Work With a Dedicated Tarrant County Divorce Attorney

Postnuptial agreements strengthen marriages. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whittaker. After-hours, virtual, and home visits are available.