Premarital and Post-Marital Agreements

Premarital Agreements

A premarital, or prenuptial, agreement is a contract entered in to prior to a marriage. Valid premarital agreements predetermine the characterization of property (i.e., whether community or separate property) without court involvement which essentially protects a person's finances and other property in the event that the couple eventually divorces. Marital agreements are ways to preplan for divorce, even if no divorce ever happens.

At the Law Office of Dayne Marguglio, we recognize the importance of premarital agreements in safeguarding the financial future and status of our clients. Under Texas law, these agreements allow future spouses to predetermine the characterization of property, thereby exercising creative control over their property and assets without court involvement. While these agreements often focus on complex property issues, they also encompass rights to control property during the marriage, the division of retirement and employee benefits, and homestead rights.

Key Considerations for a Prenuptial Agreement

  1. Who Should Consider a Prenuptial Agreement?

    • Individuals with significant debt or property
    • Those entering a second or subsequent marriage
    • Individuals with children from previous relationships
    • Parties interested in protecting their estates or business ventures

  2. Benefits of a Prenuptial Agreement:

    • Overrides state laws on property division in a divorce
    • Protects children's financial stability
    • Outlines spousal support
    • Reduces conflict by clearly stating terms

  3. Process of Creating a Prenuptial Agreement:

    • Negotiation of terms between parties
    • Obtaining independent legal counsel for drafting the agreement
    • Full financial disclosure by both parties
    • Execution of the agreement well in advance of the wedding

Premarital agreements helps the couple to have peace of mind that in the event things don't work out, they have more certainty as to how assets and liabilities will be divided. This also tends to reduce the cost of litigation in the event of a divorce.

Challenging a Prenuptial Agreement

In Texas, prenuptial agreements are generally considered valid unless specific criteria are met, such as lack of voluntary consent or unconscionability. The Law Office of Dayne Marguglio advises clients on these complexities and provides experienced guidance in drafting, defending, or challenging prenuptial agreements.

Post-Marital Agreements

Dayne Marguglio also assists with post-marital agreements, or asset partition agreements, which can be vital in protecting assets from the risk associated with a spouse's business venture, or for a variety of other reasons. Sometimes an agreement between spouses, after marriage, that divides marital property can be a good way to preserve and protect assets and to reach agreements concerning financial issues. This is often used to ease marital stress, resolve issues to avoid divorce, or to divide assets and avoid a dispute about their division in the event of a divorce.

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