Does a postnuptial agreement make sense?

Oct 28 2016 - Posted by , in Postnuptial Agreement, Prenuptial Agreement, Tagged in Prenuptial Agreement

Prenuptial agreements are becoming more and more popular among Houston residents who are engaged. But the lesser known postnuptial agreements are also becoming more popular. These may make sense for married Houston couples.

A postnuptial agreement spells out what happens to assets and debts if a couple is to be divorced. The postnuptial agreement is drawn up and signed after a couple is married. There are many reasons why a couple would draft a postnuptial agreement. One reason is if a spouse was guilty of infidelity during the marriage. Another reason would be for heirs of an estate or a family business to have that pass to them and not be affected by a divorce. Those who are giving their children an inheritance may not want their children’s spouses to have any of that money, so a postnuptial agreement may be necessary. In addition, a family business may also need a postnuptial agreement to ensure the business will remain in the family and not be affected by a divorce.

Couples who are interested in drafting a postnuptial agreement may want to speak with a legal professional skilled in family law. Generally, it is recommended that each spouse meet with their own attorney in order to draft an agreement. If, during a divorce hearing, a judge finds that one spouse was underrepresented in a postnuptial agreement, it may be thrown out. A family law attorney can help their client figure out if a postnuptial agreement makes sense for their situation and can help make sure the agreement is valid.

Even happily married couples may find that a postnuptial agreement is a good idea for their situation. A postnuptial agreement can help preserve assets and business interests in the event of a divorce.

Source:, “Why postnuptial agreements are on the rise“, Veronica Dagher, March 10, 2016

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