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Creating a postnuptial agreement can help troubled Texas couples

On Behalf of | Nov 17, 2018 | Prenuptial Agreements

If you are experiencing serious issues in your marriage, it may be time to consider a postnuptial agreement. Much like their cousins, the prenuptial agreement, a postnuptial agreement outlines both expectations for the marriage and terms for the end of a marriage.

A postnuptial agreement can help you create an incentive for addressing the issues in your marriage, which may help you avoid divorce and save your marriage.

A postnuptial agreement can serve as a way to avoid a divorce and keep things as amicable as possible if you cannot preserve your marriage. In fact, many people execute these documents when they realize that their marriage is in danger of ending. A postnuptial agreement can diminish financial incentives for divorce and help you minimize the expenses involved in ending a marriage.

Postnuptial agreements allow you an opportunity to save your marriage

When one spouse does something unethical, whether it is spending a large amount of money on a gambling debt or engaging in an extramarital affair, the consequence is often divorce. However, divorce is not the only potential solution that allows you to address a major issue in your marriage. A postnuptial agreement can provide you, your spouse and your marriage with a second chance.

When you choose to execute a postnuptial agreement, you and your spouse will need to agree on the terms included within the document. Many times, couples will choose to address major issues through a postnuptial agreement. For example, you could create financial penalties if there is another issue with infidelity or financial mismanagement.

As long as the terms of your postnuptial agreement do not violate Texas law, the agreement you signed can help you avoid a divorce or guide one in the future if it becomes inevitable.

Make sure your postnuptial agreement is legally sound

Much like with prenuptial agreements, postnuptial agreements cannot contain terms or conditions that contradict Texas state law. In order for the courts to uphold a postnuptial agreement, you need to be able to prove that it is a legally valid document.

This means that both you and your spouse should have independent legal counsel review the document prior to signing it. You should also sign in the presence of a witness or notary. Finally, you should take great care to ensure that the terms of the agreement do not conflict with state law.

If you find that you cannot save your marriage, a postnuptial agreement can help ensure that your divorce is faster and more affordable for both of you. However, agreeing to the terms of a postnuptial agreement could actually help you avoid a divorce.