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Prenuptials & Postnuptials

Prenuptials and Marital Property Agreements in Texas

Texas prenuptial agreements and post-marital property agreements must strictly comply with Texas law. Any deviation from the law will probably result in an agreement that is unenforceable. At the same time, a creative and experienced attorney can design custom-tailored prenuptial or post-marital agreements that suit each person's needs without damaging the relationship.

Dallas divorce attorney Diana S. Friedman is renowned among the local legal community for her skill and deep experience drafting prenuptial and post-marital agreements. A Family Law Specialist certified by the Texas Board of Legal Specialization, Diana frequently lectures to other divorce lawyers on the topic of prenuptial agreements and post-marital property agreements. Her experience extends from drafting prenuptial agreements for clients with relatively small estates to clients with assets valued in the multiple millions of dollars.

She is one of the most creative drafters of these types of agreements, and numerous family law attorneys call her for advice regarding their own cases. Contact our office to schedule an appointment.

"When meeting with the client for the first time in the initial consultation, is a good idea to discuss not only the client's goals, but the tenor and tone they want to take in the case. Sometimes these things conflict with each other and the client is unaware of the conflict. For example, the client may want to engage in negotiations from a very aggressive standpoint with a 'take it or leave it' attitude. However, the client's overall goal may be to simply protect their separate property. In such a case, the tone in which they want to proceed may be counterproductive to achieving their goals."
- Attorney Diana S. Friedman, Hoping for the Best and Planning for the Worst: Creative Pre-and Post-Marital Agreements

The Role of Prenuptial Agreements and Post-Nuptial Agreements

Generally, individuals desire antenuptial agreements or post-marital agreements to protect their rights to property they owned coming into the marriage or assets they acquire during the marriage. Prenuptial agreements may also be used to protect a spouse from the separate debts - personal or business - of a fiancé.

Under Texas law, a post-marital agreement may only relate to property ownership - to change community property into separate property in order to protect ownership in the event of a divorce and a property division agreement. Prenuptial agreements, on the other hand, may cover a wide-ranging list of subjects - from the amount of alimony in the event of divorce to property transfers during the marriage from the moneyed spouse to the non-moneyed spouse.

Some of the most dangerous and difficult subjects for prenuptial agreements are child-rearing or child custody and support in the event of divorce. Texas' law specifically prohibits prenuptial agreements regarding child support, and Texas courts have ruled many antenuptial agreements regarding child rearing to be unenforceable.

Contact GoransonBain, PLLC.

Schedule an appointment at our uptown Dallas office. Call (214) 373-7676 or use our online contact form.

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