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Austin Prenuptial and Postnuptial Agreements Attorney

A prenuptial or postnuptial agreement can serve several important purposes. Despite the conception that prenuptial agreements only benefit those with significant assets, these arrangements can serve several other purposes, as well. If you’re planning on getting married in Austin, Texas, schedule a free initial consultation with prenuptial agreement lawyer Abraham Kant to discuss your legal options under Texas law.

What a Prenuptial Agreement Can Do for You

A prenuptial agreement, also called a “prenup,” can accomplish several goals, including:

  • Keeping finances separate. Certain types of property can become community property upon marriage, even if there are assets solely in the name of one spouse. Having a prenuptial agreement can streamline property division by outlining who gets what in a divorce proceeding, or in the event of a death of a spouse.
  • Insulation from debt. One of the biggest benefits of a prenup is that creditors may not be able to seize one spouse’s protected property in order to satisfy the debts of the other spouse. Having a prenup can help shield your spouse from liability.
  • Keeping family property. A prenup can also ensure that you keep birth family property or heirlooms within that family.
  • Clarify marital responsibilities. Prenuptial agreements can be as specific as you like – for example, they can determine your tax filing status, who oversees paying the bills, or even how you will save money.

Pre- and postnuptial agreements take away much of the concern about what will happen to your material possessions or wealth in the event of a divorce. This allows you and your partner to focus on building a relationship built on mutual trust and affection.

Postnuptial Agreements

Postnuptial agreements carry the same benefits and aim as prenuptial agreements, but they are executed during the marriage, not before. You may need a postnuptial agreement if you want to accomplish any of the items listed above, but you’re already married to your spouse. It may also be beneficial if one spouse runs into a large amount of money, inherits property, or even incurs a large debt.

Martial agreements can sometimes carry a negative connotation because some people view them as planning for divorce instead of planning on building a life together. However, for many couples, these agreements are practical, and may even alleviate common stressors that may take a toll on a marriage. A marital agreement is for marriage what a will is for a death – making a will does not serve as an impetus for your death, so why should a prenup serve as a motivation for your divorce?

Co-Habitation Agreements

Texas Law not only recognizes formal marriages substantiated by a marriage ceremony and marriage certificate, or license, but also informal marriages.  Informal marriages, or common law marriages, are fact specific in Texas and contrary to popular belief are not based on the duration of time that two people lived together.  Many times, after a relationship dissolves, one party to the relationship attempts to prove a common law marriage occurred as it requires the parties to go through a divorce and split property.  However, in our modern world, people often choose to simply live together without getting married.  In such circumstances, it is important to enter into a cohabitation agreement to make sure that each party’s property remains separate and neither person can later assert that a common law marriage took place.

Your Marital Agreement Attorney

Texas marital agreements can save you the time, money, and hassle of litigation down the road. This applies not only to divorce but to the untimely death of your spouse. Taking care of these matters before they become an issue can take one more worry off your plate and allow you and your spouse to build a loving life together. Abraham Kant Esquire has the experience and skill to handle your martial agreement. Your case will receive the attention and care it deserves. For more information or to schedule an appointment with our firm, please contact us.