`Craft Effective Agreements With Our Experienced Austin Attorneys

Last updated on September 15, 2025

Prenuptial agreements, postnuptial agreements and cohabitation agreements can be powerful tools, provided they are carefully crafted. In order to be effective, the language must be clear, and nothing can be overlooked.

At Weinman & Associates, P.C. in Austin, our attorneys have more than 20 years of experience drafting and reviewing these agreements. We understand the legal and practical considerations that affect these agreements, and how to craft agreements that withstand the test of time.

If you would like to meet with us to discuss a marital agreement, call 512-472-4040.

Need A Prenuptial Agreement?

A prenuptial agreement can be a proactive way to protect your financial future and reduce uncertainty. A well-crafted agreement under Texas law helps couples address a wide range of issues, including:

• The rights and obligations of spouses regarding property owned before or acquired during marriage, such as defining separate and community property and clarifying marital financial responsibilities.
• The ability to buy, sell, lease, transfer or otherwise manage property, including how real estate, investments or business interests will be handled.
• How property will be divided upon separation, divorce or death by specifying asset distribution terms, which can help ensure each party’s intentions are honored.
• Whether spousal support will be waived or limited, and setting specific terms for duration and amount, subject to whether legally enforceable.
• The creation of wills, trusts or other tools to support the agreement and promote consistency between legal documents and long-term goals.
• The ownership and distribution of life insurance death benefits, including clarification about whether policies are considered separate or marital property.
• Which state’s laws will govern the agreement, which can be particularly important for couples who relocate or maintain property in multiple jurisdictions.
• Couples may include customized provisions, such as financial arrangements or dispute resolution methods, as long as they comply with Texas law.
• Importantly, a prenuptial agreement cannot affect a child’s right to support. Our attorneys will help you identify which provisions best support your goals and ensure the agreement is drafted with clarity and precision.

At the outset, we will discuss your reasons for seeking a prenuptial agreement and your goals. We can draft an agreement for you or review a proposed agreement. We can negotiate improvements in a proposed agreement with your future spouse’s attorney.

To create a prenuptial agreement that holds up in court, it is important that your future spouse has sufficient time to review it. To be valid, there must be a full and fair disclosure of assets, and both parties must enter into the agreement of their own free will.

What Factors Can Make A Prenuptial Agreement Unenforceable?

Even a signed prenuptial agreement may be deemed unenforceable if certain conditions are met. A court may refuse enforcement if the party challenging the agreement proves:

• The agreement was not signed voluntarily
• The agreement was unconscionable when signed and the challenging party lacked fair disclosure of the other’s assets
• The challenging party did not waive the right to further disclosure in writing
• The challenging party did not have or could not reasonably have had adequate knowledge of the other’s financial obligations

To avoid these pitfalls, our attorneys take care to ensure transparency, fairness and informed consent throughout the drafting process.

Postnuptial Agreements Are Similar To Prenuptial Agreements

Our family law lawyers can also draft or review a postnuptial agreement. These agreements cover similar ground as prenuptial agreements, serving to state how assets should be divided in the event of a divorce. The biggest distinction is that these agreements are created after the couple has already gotten married, rather than before. This type of agreement is frequently used when a couple is experiencing difficulties in the marriage, yet want to work on a reconciliation, or when they are experiencing financial pressures from some outside source.

The Benefits Of Cohabitation Agreements

Cohabitation agreements accomplish the same goals as prenuptial agreements, except these agreements are for unmarried couples who are living together. They may be used by couples who plan on getting married in the future, or who do not intend on marrying, but want to create terms by which their commingled assets will be divided if they break up.

Cohabitation agreements are an important consideration for couples involved in a common-law marriage. Under Texas law, the process of ending a common-law marriage is identical to the process of ending a ceremonial marriage. The same rules of property division must be followed. Cohabitation agreements allow unwed couples to set their own rules for property division, so to speak. We can help you craft agreements that are right for you.

Want To Know More About Creating Marital Agreements?

For a consultation about premarital, postmarital or cohabitation agreements, call 512-472-4040 or send us an email.