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Pre-/Post- Marital Agreements

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Texas allows parties who are planning to marry and parties who are married to make agreements that can affect their property rights during and at the end of their marriages, whether that end is due to divorce or death. These agreements can include:

  • Memorializing what is each party’s separate property
  • Changing what would be community property into separate property
  • Changing what would be separate property into community property
  • Changing income from separate property into community property
  • Surrendering rights to the spouse’s retirement benefits
  • Barring reimbursement claims in the event of divorce or death
  • Requiring or barring temporary spousal support in the event of a divorce proceeding
  • Requiring or barring interim attorney’s fees in the event of a divorce proceeding
  • Requiring or barring attorney’s fees at the end of a divorce proceeding
  • Requiring arbitration in the event of a divorce proceeding
  • Requiring a party to accept the terms of the spouse’s will
  • Waiving other rights a party might have in the event of the spouse’s death

These agreements vary according to the needs and desires of the parties. Our attorneys’ advice includes the benefits and risks not only of each aspect of a proposed agreement but also whether our client even should have one of these agreements. Courts usually uphold these agreements so parties should consider carefully whether to make them. Our representation includes negotiation with the other party or the other party’s attorney regarding the terms of the agreement and ensuring the execution of the agreement is done properly.

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Pre-/Post- Marital Agreements

Pre-/Post- Marital Agreements

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    Pre-/Post- Marital Agreements

    image_print

    Texas allows parties who are planning to marry and parties who are married to make agreements that can affect their property rights during and at the end of their marriages, whether that end is due to divorce or death. These agreements can include:

    • Memorializing what is each party’s separate property
    • Changing what would be community property into separate property
    • Changing what would be separate property into community property
    • Changing income from separate property into community property
    • Surrendering rights to the spouse’s retirement benefits
    • Barring reimbursement claims in the event of divorce or death
    • Requiring or barring temporary spousal support in the event of a divorce proceeding
    • Requiring or barring interim attorney’s fees in the event of a divorce proceeding
    • Requiring or barring attorney’s fees at the end of a divorce proceeding
    • Requiring arbitration in the event of a divorce proceeding
    • Requiring a party to accept the terms of the spouse’s will
    • Waiving other rights a party might have in the event of the spouse’s death

    These agreements vary according to the needs and desires of the parties. Our attorneys’ advice includes the benefits and risks not only of each aspect of a proposed agreement but also whether our client even should have one of these agreements. Courts usually uphold these agreements so parties should consider carefully whether to make them. Our representation includes negotiation with the other party or the other party’s attorney regarding the terms of the agreement and ensuring the execution of the agreement is done properly.

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