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Creating a guide to divorce with a postnuptial agreement

| Dec 31, 2020 | Family Law

Getting divorced is not a decision that most people take lightly. There are many different factors to take into account when weighing this possibility, including property division and where one might live afterward. For Texas couples who are not certain that they are ready to divorce, it might be appropriate to consider creating a postnuptial agreement.

A postnuptial agreement is similar to a prenup, with the major difference being that couples create this document after getting married rather than before. A couple that is seeking reconciliation after a significant issue — such as infidelity or financial problems — could find that creating a postnup gives them both the confidence to continue working on things. Should they ultimately decide to divorce, they will already have an agreement that stipulates how to divide marital property and provides other helpful guidance.

There do not have to be any marital issues for a couple to decide on a postnup, either. For example, postnups afford important protections to entrepreneurs who are going into business on their own or with partners who are not their spouses. This is because a postnuptial agreement can clearly state what is marital property and what is not — including a new business. This would prevent an ex from taking a portion of the business assets during divorce.

It might feel counterintuitive to plan for divorce when trying to make a marriage work or when things are otherwise going fairly well. However, it is never a bad idea to protect one’s future. Those who feel hesitant about taking this important step might feel better after speaking with an attorney who is knowledgeable in Texas family law.

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