Houston Prenuptial Lawyer
Houston Postnuptial Lawyer

 
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Prenuptial Agreement 

A prenuptial agreement (prenup) is a legal contract created before marriage that defines how finances will be handled during the marriage and in the event of divorce. It allows couples to set expectations in advance regarding property rights, debt responsibility, and financial planning and avoid costly litigation in the future. 

Prenups commonly include provision that protect premarital assets, businesses, inheritances, and investments. Prenups also commonly defines how income, property, and spousal support will be treated. While a prenup cannot determine child custody matters, it c an significantly reduce uncertainty and conflict if a marriage ends.

What is the process?
 Both parties must provide full and honest financial disclosure, including assets, debts, income, and liabilities. Each party should have the opportunity to consult independent legal counsel, and the agreement must be signed voluntarily, without pressure, or coercion. The terms should be clear, specific, and not unconscionable at the time of enforcement.

 
Postnuptial Agreement 

A postnuptial agreement is a written legal contract entered into after a couple is married that defines how financial matters will be handled during the marriage and in the event of divorce. Like a prenuptial agreement, it allows spouses to clarify rights and responsibilities regarding property, debts, income, businesses, and spousal support.

Postnuptial agreements are often used when circumstances change after marriage. For example, starting a business, receiving an inheritance, experiencing a significant shift in income, or addressing financial concerns to strengthen the marriage. While a postnuptial agreement cannot predetermine child custody, it too can provide structure, transparency, and protection for both spouses.

A postnuptial agreement is most likely to be enforceable when it is entered into voluntarily, with full and fair financial disclosure by both spouses, clear and reasonable terms, and proper execution in compliance with state law. Having each spouse represented by independent legal counsel and avoiding coercion or last-minute pressure significantly strengthens the agreement’s validity in the event of a divorce.
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