Prenuptial and postnuptial agreements have become increasingly common, providing couples with a certain level of security and clarity about their financial future.
These agreements serve as contracts between the parties, outlining the distribution of assets and liabilities in case of divorce or death. However, how these agreements interplay with various factors, such as infidelity, remains a subject of concern for many.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC breaks down the talks in detail about the topic. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only.
Understanding Prenuptial Agreements
A prenuptial agreement, or a premarital agreement, is a contract between two individuals before they marry or enter into a civil partnership. This agreement primarily outlines how assets, debts, and other financial matters would be divided between the parties in case of a divorce or separation.
Under the Texas Family Code, Section 4.001, a premarital agreement is defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage.” It can address various financial matters, including the division of property upon divorce, the modification or elimination of spousal support, and provisions for any marital misconduct, such as infidelity, as long as they comply with the law and public policy.
Clarifying Postnuptial Agreements
A postnuptial agreement, on the other hand, is an agreement made between spouses after they are already married or have entered a civil partnership. Similar to a prenuptial agreement, it outlines how assets and debts will be divided in case of a divorce or separation but can also incorporate terms that address changes in the couple’s financial situation after marriage.
Texas law, under Section 4.102 of the Family Code, states that “at any time, the spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may be acquired, is community property.” This implies that postnuptial agreements, while primarily dealing with separate property, can be used to define or alter the character of the property following the dynamics of the marriage.
The Impact of Infidelity on Prenuptial and Postnuptial Agreements
It’s crucial to understand that the impact of infidelity on a prenuptial or postnuptial agreement largely depends on the terms within the agreement itself. A well-drafted prenuptial or postnuptial agreement, for instance, typically contains specific clauses and provisions related to marital misconduct, such as infidelity or financial irresponsibility, such as squandering funds. The way in which these aspects are handled is determined by the specifications of your agreement.
This means the consequences and the division of assets and debts upon dissolution of marriage would be dictated by your agreement, with potential considerations for behavior like infidelity. The character of certain properties, whether they are considered community or separate property, would also depend on what is stated in your prenuptial or postnuptial agreement.
Navigating Infidelity Clauses under the Texas Family Code
When we talk about prenuptial or postnuptial agreements, these are basically contracts or agreements made between two people before or after they get married. These agreements often outline how money, property, and other things of value would be divided if they decide to separate or divorce.
Now, sometimes, these agreements can have special rules or terms related to cheating, which we call “infidelity clauses”. The Texas law, which guides how these agreements work, doesn’t clearly mention these “infidelity clauses”. However, it does say that you can put many different types of terms in your agreement as long as they don’t go against general societal values or result in criminal actions.
In the Texas Family Code, there’s a section – Section 4.003, that lets people in a marriage agreement decide their own terms about their money or property, no matter when or where they got it. So, in cases where someone cheats, this section allows them to agree beforehand on what will happen, like how their belongings will be divided.
But there’s an important point to remember. Even if an agreement has an “infidelity clause”, it doesn’t automatically mean it will always be followed. If this rule seems too harsh or unreasonable, it may not be upheld. That’s why, when making these types of agreements, it’s really important to think through the terms carefully and understand the laws that apply.
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Hire An Experienced Fort Worth, Texas, Divorce Attorney
In light of the complexities associated with drafting prenuptial and postnuptial agreements and the significant implications they can have on the parties involved, it becomes imperative to engage competent legal counsel.
An experienced attorney can guide couples through the intricacies of the process, ensuring the agreement is not only legally sound but also reflective of their individual circumstances and expectations.
More importantly, they can provide invaluable advice on contentious issues, such as the impact of infidelity on these agreements, offering clarity and peace of mind to the parties involved. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Do I Retain A Family Attorney To Represent Me?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Can I Secure Child Support In Texas If The Other Parent Is Employed Out-Of-State?
- How Long Does Alimony Or Spousal Maintenance Last?
- Does My Spouse Get Half Of Everything?
- How Does Moving States Influence Divorce And Child Custody Proceedings?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
