Frisco Prenuptial & Postnuptial Agreement Attorneys

What Can a Prenuptial or Postnuptial Agreement Include & Not Include?

Texas law places specific boundaries on what a marital agreement can include and not include. Generally, you can include provisions that define how you will categorize property, such as specifying which assets remain separate and which will become community property. You may also outline rights regarding the management of family businesses, the division of debts, and the modification or elimination of spousal maintenance, also known as alimony. 

You cannot use a prenuptial or postnuptial agreement to predetermine child custody arrangements or limit child support obligations. Texas courts always reserve the right to decide these matters based on the “best interests of the child” at the time of divorce. Additionally, courts will not enforce clauses that mandate illegal acts or provisions deemed “unconscionable,” which are those that are grossly unfair and agreed to without proper financial disclosure.

Our team at Mohr Law Group understands what terms can and cannot be enforced in these agreements. If you are looking to establish a new agreement, we can work closely with you to incorporate language that is clear and enforceable. If you are evaluating an existing agreement and have questions about certain provisions, we can advise on their enforceability.

Why You Need a Lawyer for Your Prenuptial or Postnuptial Agreement

Attempting to draft a marital agreement without legal counsel often leads to unenforceable documents that fail exactly when you need them most. Texas requires strict adherence to procedural and substantive fairness standards, meaning a simple mistake in wording or disclosure can render the entire contract void. 

We can provide the experience necessary to navigate these complex statutes, protecting your interests while maintaining the integrity of the agreement. By engaging our team, you gain a strategic partner who can anticipate potential pitfalls and structure your agreement to withstand future challenges.

Here's how our attorneys can help with your prenuptial or postnuptial agreement:

• Secure enforceability. Texas courts scrutinize marital agreements closely. We can draft your document using precise legal language that adheres to the Texas Family Code with the goal of minimizing the risk that a judge will dismiss it during a divorce.
• Navigate complex assets. High-net-worth individuals and business owners face unique challenges regarding valuation and asset appreciation. We can advise how to handle commingled funds, business growth, and retirement accounts so that your separate property actually remains separate.
• Facilitate full financial disclosure. A valid agreement requires a fair and reasonable disclosure of property and financial obligations. We can organize the exchange of financial information and prevent accusations of fraud or hidden assets that could later invalidate the agreement.
• Provide objective guidance. Discussing money can trigger emotional responses. We can act as a buffer, keeping negotiations focused on legal and financial realities.
• Clarify your rights. You need to understand exactly what obligations you are committing to or rights you may be waiving. We can explain the legal implications of every clause, such as waiving spousal support or community property rights, so that you can make informed decisions.
• Deliver custom solutions. Generic online marital agreement templates rarely account for specific family dynamics, such as children from previous marriages or specific debt liabilities. We can tailor every provision to fit your unique circumstances and leave no room for ambiguity.

Call (469) 218-2802 or contact us online today to learn more about how we can help with your prenuptial or postnuptial agreement.