Austin Prenuptial and Postnuptial Agreements

Prenuptial and Postnuptial Agreements

Pre-nuptial and Postnuptial Agreements in Austin, TX

Deciding to get married is a big step in anyone’s life. While no individual anticipates a divorce while planning their wedding, life can be unexpected and it is always important to protect yourself. Prenuptial and postnuptial agreements can have a dramatic effect in the event of a divorce for Austin residents. It helps to clearly spell out the rights of both parties and defines and protects interests. These contracts, while often overlooked, play a vital role in safeguarding your future and ensuring clarity in the unfortunate event of a marital dispute.

Prenuptial and postnuptial agreements in Austin are becoming increasingly popular for several reasons. They offer a sense of security and clarity for couples entering into marriage. Some common reasons for these agreements include protecting individual:

  • Asset Protection: Safeguarding individual assets acquired before marriage.
  • Debt Management: Clarifying financial responsibilities, including debts.
  • Children from Previous Relationships: Ensuring assets are preserved for children from previous relationships.
  • Business Ownership: Protecting business interests and defining its treatment during marital disputes.

These contracts provide a framework for financial transparency and trust in a marriage, reducing potential conflicts over money. They also allow couples to tailor their financial relationship in a way that suits their unique circumstances.

How to Discuss and Get Prenuptial Agreements Before Marriage

Bringing up the Topic

Discussing prenuptial agreements can be a sensitive but necessary conversation. It’s best to approach the topic with honesty and openness, emphasizing the benefits of mutual protection and understanding. Choose a comfortable and non-confrontational setting to bring up the topic with your significant other. Avoid framing the discussion in a way that suggests a lack of trust, but rather as a wise step towards a secure future together. Ensure that the conversation is a dialogue, giving space for your partner to express their views and concerns as well.

Tips for Discussion

By treating the discussion as a part of overall wedding planning, it can be integrated more naturally into the journey towards marriage. It’s also helpful to highlight how these contracts can actually strengthen the relationship by building trust and open communication.

How to Obtain a Postnuptial Agreement after Marriage

Initiating the Conversation

Discussing a postnuptial agreement in Austin after marriage can be delicate. It’s important to convey that moving forward with this contract is not a sign of mistrust but a step towards a transparent and secure future together. Approach this conversation with sensitivity and an emphasis on the contract being a mutual decision for the good of the relationship. Reinforce that it’s a proactive measure, not a reactive one, indicating preparedness rather than pessimism.


When a Postnuptial Makes Sense

Common reasons for a postnuptial agreement include significant changes in financial status, inheritance, or career shifts. These contracts can also be valuable if there were no prenuptial agreements in place prior to your marriage or if there was an adultery and the couple chooses to remain married. Situations like receiving an inheritance, starting a business, or even changes in career paths are ideal times to consider a postnuptial agreement. It’s also wise to discuss a postnup when one spouse is taking a step back from their career for the family, ensuring fair compensation in the future. Additionally, if one spouse has credit card debts a postnup can outline who is responsible for paying off the debt, so it doesn’t become a marital obligation. Postnups can be a great way to protect your financial future. It is also important to understand that there is no time limit in obtaining a postnuptial agreement in Austin, however it is ideal to have one when the question of divorce isn’t on the table.

What Can and Can’t be Upheld in Court Even Under Contract

Enforceable Elements

Certain elements of prenuptial and postnuptial agreements are legally binding. This includes division of property, financial responsibilities, and asset protection. Agreements on spousal support and division of specific assets can usually be upheld if they are fair and reasonable.

Non-enforceable Elements

However, prenuptial and postnuptial agreements involving personal decisions or those that violate public policy or law are not enforceable. This includes child custody and support decisions, which are determined based on the child’s best interest. Also, any clauses that promote divorce or are unjust at the time of the divorce will not be upheld.

Ensure Your Agreement is Legally Enforceable in Texas

The attorneys at Deyerle Silva Smith, PLLC specialize in creating prenuptial and postnuptial agreements in Austin that are not only fair but also legally enforceable. We ensure that your contract is crafted in accordance with Texas laws, thus protecting your interests. With an in-depth understanding of Texas family law and commitment to personalized attention, we can help create a contract that reflects your unique circumstances and future goals.

Our expertise in family law in Austin ensures that your prenuptial or postnuptial agreement addresses all pertinent issues, is compliant with state laws, and reflects the unique aspects of your relationship and financial situation. We can consult with you on covering property ownership, property transfer, spousal support, wills & trusts, and death benefits & insurance policies in your prenup. We are experienced in crafting prenuptial and postnuptial agreements in Austin that may help with the strain of trusting a new marriage. Contact us today to learn how we can provide guidance throughout the entire process, ensuring you understand each step and its implications for your future.

Achieving the best outcomes

See what our clients are saying about their case outcomes. 

"Candice, Ashley, and Laurie are highly professional, strategic, thorough, and above all intelligent. They helped me stay organized (which is no small feat), gracefully pivoted in the face of challenges, and provided emotional clarity in times of distress, even when those challenges and distressful situations were due to missteps by me. In my case, Candice routinely exhibited prescience regarding which matters deserved focus and which matters were distractions, which saved time, and money. Ashley expertly delivered to the court clear, concise, and highly effective summaries of complex topics. More than once, Candice and Ashley noticed and brought to light critical details that easily would have been missed and that had a huge impact. I couldn't say enough about how much this team helped me through my ordeal."
Greg Banister
"Lianna inspired confidence from my first contact with her. Her calming demeanor and good information convinced me to let her handle my divorce, and I believe that was a good decision to this day. She handled my divorce very professionally and respectfully and with favorable results. I can easily recommend Team Lianna for divorce matters."
Neil Sembower
"Incredibly experienced - Produces great results Kody was the best decision I made when choosing legal representation. His experience was invaluable in helping me understand the ramifications of each option and choices available during my divorce proceedings. The professional nature of Kody and his team was evident by their responsiveness and execution. Preparation meant everything as we headed into mediation and I felt supported and empowered by his informed and organized approach. He was sensitive and honest about the cost/benefit of each complex element of our assets/liabilities which led to a successful agreement and avoided costly litigation. Divorce is a major life event that has a long lasting impact on everyone involved. His guidance during this difficult time has made the experience positive for me and has laid a strong framework for my future and my children's future as I move forward."
"Divorce sucks. The issues keep coming years later. No other way to phrase it. My experience with the firm was top notch. I retained the firm for a mediation in an effort to have more visitation with my two young boys. My attorney (Lianna Smith) took my concerns and helped build a plan around what wanted. During all the times of frustration, Lianna would constantly talk me off the ledge and remind me to play the long game. Her paralegal (Laurie Theriot) was always available to answer a question or look up something. Laurie is a jewel!"
Richard Lazo
"Ultimately what needed to get done was done. But throughout the several months I used their service, I had to prompt them to do things. I also caught numerous errors that I feel like they should have caught prior to sending me something to approve. Fortunately I have had experience reviewing legal documents, though I’m definitely not an attorney. When I would send Laurie, the paralegal assigned to me, an email she was very responsive, so that was a good experience. I never had trouble getting ahold of them, I just usually had to prompt the communication and I did not think it was appropriate that I had to point out as many errors in legal documents as I did. If you are not prone to reading everything, proceed with caution."
Michael Bullock
"Knowledgeable, Realistic, Compassionate, & Gets Results When first meeting with Mr. Silva, he asked me, ideally, what I would like to get out of the divorce process and to prioritize them. He walked me thru how the legal process would work and then laid out a strategy to try to reach objectives we had set and agreed upon. Mr. Silva was very knowledgeable of the law and of the Williamson County court system. Mr. Silva and his team were always very responsive whenever I had a question or concern regarding my case. Mr. Silva valued my time and concerns. When is was all said and done, the strategy that Mr. Silva had laid out, worked, and we were able to achieve our top three priorities in the case. I would definitely retain him again in the future if the need ever arose."
"I needed an understanding divorce lawyer to help me complete complicated and detailed divorce. One that had been winding through the process in Washington DC and needed to start over and be re-executed in Texas. Laurie Theriot and her paralegal Candace Deyerle were amazing to work with and so helpful on the detail work. Thanks to the whole thing in helping set me free. I could not recommend them enough."
Victoria G.
"I went through a difficult divorce recently that required experience with LGBTQ issues. Picking Kody for my legal counsel was the best choice I could have made. I knew from the first meeting with Kody that he was completely invested in my case and would give it the attention it would require. He proved to be an exceptional lawyer. He was fair-minded, professional, and realistic at all times, even when my ex-wife’s lawyer was trying to make it extremely difficult to stay civil. He knew when to be firm and unwavering with the opposing counsel, which ultimately resulted in an agreement without having to go to court. Kody and his paralegal, Priscilla, are an excellent team. They were friendly and responsive at all times. The billing of my case was handled in a very prudent and efficient manner. I wouldn't hesitate to hire Kody again in the future."
"Outstanding Job Lianna listen to me and was compassion to my situation. She worked with me and guided me as to what I would be expecting during the whole divorce. She outline detail by detail the steps that were going to be taken. She was always there to answer my concerns and questions. During the mediation she fought all the way to make sure that I got my fair share. Her attention to detail was awesome. I couldn't had asked for a better lawyer than her. I had met with other lawyers before her and they didn't acknowledge the pain I was going through. However, when I met with her she listen and was so understanding toward my pain that I immediately knew she will fight for me."

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