“Marriage is a civil contract entered into..” This is the opening sentence of the Texas Family Code’s section on the nature of marriage, and it serves as a reminder that marriage is a legal relationship as well as an emotional one. As with any contract, some legal implications and requirements must be considered, particularly in the event of a divorce.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, talks about divorce & separation agreements in the state of Texas. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Separation Agreements vs. Premarital & Post-nuptial Agreements
In Texas, it’s important to know that the courts do not recognize Separation Agreements. Instead, the court will only acknowledge premarital or post-nuptial agreements, regardless of their validity, which will be determined by a court ruling at a later date.
Section 6.602 of the Texas Family Code states that the parties to a divorce may enter into a written agreement concerning the division of property and maintenance, but the agreement must be submitted to the court for approval. The court will review the agreement to ensure it is not unconscionable, meaning the terms are not grossly unfair to one party.
Additionally, Section 4.102 of the Texas Family Code requires that a post-nuptial agreement must be in writing and signed by both parties. Thus, it is important for couples to seek legal counsel when deciding on the appropriate legal documents to use during a separation or divorce in Texas.
Premarital Agreements
Premarital agreements, also known as prenuptial agreements or simply “prenups,” are legal agreements between couples who are planning to get married. These agreements establish the rights and responsibilities of each spouse in the event of a divorce, separation, or death.
Premarital agreements typically address issues such as property division, spousal support, and the distribution of assets and debts. Overall, premarital agreements can provide a level of clarity and certainty in a marriage, particularly when it comes to financial matters. However, they are not always necessary or appropriate for every couple and should only be entered into after careful consideration and consultation with an experienced attorney.
Post-nuptial Agreements
Post-nuptial agreements are legal agreements that spouses enter into after they have already gotten married. These serve the purpose of defining the duties and entitlements of each partner in case of a divorce, separation, or demise, similar to prenuptial agreements.
These can be useful for couples who wish to clarify their financial arrangements or otherwise provide greater certainty and stability in their marriage. However, they can also be complex and require careful consideration and drafting. As such, it’s important for couples to consult with an experienced family law firm like Turner-Monahan PLLC before entering into a post-nuptial agreement.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Turner-Monahan PLLC is a Fort Worth Divorce law firm helping families with divorce for over 45 years. They take the time to understand their client’s needs and discuss the available options to achieve the best outcome. To ensure a smooth transition, schedule a free consultation with Tyler Monahan. 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 “I Am In The Military. How Should I Prepare For Divorce?”
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.
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments.
- If A Parent Passes Away, By Law, Does The Other Parent Get Custody Of The Child?
- How to Prepare for Your Divorce: Tips from An Attorney.
- What to Do if Your Spouse Didn’t Serve You the Divorce Papers?
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 to obtain 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.
