How Do Prenuptial Or Postnuptial Agreements Affect The Divorce Process?
Texas family law courts take prenuptial agreements and post-marital contracts seriously. To enforce a prenuptial or postmarital agreement, the contract must protect the rights of both parties, must be signed well in advance of the marriage and must not be signed under duress or prohibit one party from fair distribution of marital property in the event of divorce.
Just like any contract, disputes about the provisions of a prenuptial agreement are subject to litigation. Disputes over categorization of property, appraisal and valuation, and commingling of assets to increase the value of a separate investment frequently come before the courts in complex divorce property litigation.
If you have a prenuptial agreement in place and are considering filing for divorce in Central Texas, talk to an attorney at Coldwell | Bowes, L.L.P. Our firm practices exclusively in the area of Texas divorce and family law. We understand how local courts review and rule on cases involving marital contracts and will work aggressively to protect your rights.
How Marital Agreements Affect Estate Planning
In addition to the current value or categorization of marital assets, spouses must consider their estate planning needs when litigating a prenuptial agreement in a divorce. Money put into pre-existing special long-term investments or retirement savings by one spouse may not be completely protected as a separate asset under terms of a prenuptial agreement.
Likewise, inherited assets commingled with marital assets placed in a trust may not receive the full protection of a prenuptial or postnuptial contract. If you are concerned about the effects of a prenuptial agreement on your estate planning needs, meet with one of our attorneys.
Protecting Your Hard-Earned Assets And Inheritance During Divorce
We practice with integrity and work hard to protect your family’s future throughout your case. If you have questions about how a prenuptial or post-marital agreement affects your divorce, we offer honest answers and forthright representation. Call us at 512-472-2040 or use our online contact form to schedule an appointment.