Pre-marital and Post-marital Agreements

Dallas Divorce Lawyers; Premarital & Post-marital Agreements

Definition of Prenuptial Agreements

A prenuptial agreement, also known as a premarital agreement (or “prenup”), is a contract entered into prior to a marriage between the people intending to marry. Although one might view a prenuptial agreement as a sign of mistrust or an imbalance in a relationship, it can instead provide each partner an opportunity to agree on decisions together about property.  Premarital agreements are meant to protect both parties in a marriage.

The content of such an agreement can vary widely depending on the situation of the parties to the contract. The most common provision in a premarital agreement involves confirmation of the separate property or debts of a party to the marriage. Other provisions include how to handle income of the parties during the marriage, property division or spousal support in the event of divorce, designation of the spouses or other persons in wills or other estate planning documents, waiver of reimbursement rights, how to handle finances during the marriage, what to do with a separate property house upon the death of the owning party, and so on.

Note that a premarital agreement is unenforceable to the extent it attempts to address custody/conservatorship of a child, parenting time with a child, or any other issues regarding the child.

Post-marital Agreements and Family Law

In light of new circumstances during a marriage, couples may wish to enter a post-marital agreement.  Reasons for post-marital agreements may include new agreements between the couple about property after they are married, as business owners make decisions about their businesses or other high-earner assets.  Some couples may decide to have children in circumstances that do not fall under traditional family relationships, and could use a post marital agreement define parental relationships with the child.

Cohabitation Agreements

Non-marital cohabitation agreements could benefit same-sex couples, roommates, or other parties who live together and have not entered a traditional marriage.  Cohabitation agreements allow partners to agree on their expectations in their relationship and make decisions about assets, property, debt, and even pets.  If one partner passes away or the couple breaks up, a cohabitation agreement confirms that important decisions have already been made.