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Postnuptial agreements: It's never too late for a prenup

It's generally well-known that "hindsight is 20/20." If most of us could return to certain points in the past, we'd likely do things differently and make alternate decisions. Most of the time, however, it's simply too late and the chance has passed. When it comes to marriage, though, there are some marital contract-related decisions that can be made after wedding bells have rung.

A misconception many Houston couples are likely to have about prenuptial agreements is that they can only be made before the wedding. While this is technically true, already-married couples can still create valid marital contracts, known as postnuptial agreements, in the state of Texas.

Like a prenup, a postnuptial agreement can ensure both spouse's interests are protected in the event of divorce. Texas utilizes the community property system of property division, which means all marital property is potentially subject to division if a couple decides to divorce. Prenups and postnups, though, mean that spouses themselves -- rather than a judge -- get to make the major decisions regarding asset protection and distribution of their marital property. Postnuptial agreements can also provide direction regarding who is responsible for certain liabilities, such as student loans or credit card debts, after divorce.

Postnuptial agreements can be implemented at any time during a marriage, whether a couple got married earlier this year or decades ago. They are ideal for those who have experienced a change in their relationship, a change in their financial status or changes in both areas of life. Both prenups and postnups are also extremely beneficial for those who have children from a prior relationship, as they can ensure those children's interests are protected as well.

While both types of marital agreements go a long way towards protecting spouses and their children, their creation benefits from professional legal guidance. Our firm has helped local spouses with the creation of a fair, comprehensive prenuptial or postnuptial agreement. We have experience both with litigation, and with reaching out-of-court settlements and collaborative law. You can take a look at our website to learn more about prenuptial and postnuptial agreements.

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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