Protecting Against The Uncertainty Of The Future
Whether you are newly engaged or several years into marriage, you may consider the benefits of a marital agreement. Prenuptial and postnuptial agreements can protect both you and your future or current spouse from the uncertainty of divorce.
At Wilfried P. Schmitz & Associates, P.C., we assist couples in drafting and reviewing marital agreements. We will represent your interests while working collaboratively with your partner and their lawyer. Sound guidance and precise wording are imperative to establish a strong agreement. We will advise throughout the process of drafting, reviewing and signing an agreement.
Drafting A Prenuptial Agreement Before Marriage
Divorce may be the last thing on the minds of newly engaged couples. However, considering a prenup prior to tying the knot can guard against future unknowns. The benefits of a prenup include:
- Distinguishing certain property and assets as separate property
- Protecting the interests of children from previous relationships
- Guarding against substantial debts of the other
- Retaining ownership of significant assets, including a business or real estate
Courts carefully examine such agreements in a future divorce. Because of this, drafting an agreement with plenty of time to spare before the marriage is important. You and your future spouse will need time to draft and modify the agreement.
When To Consider A Postnuptial Agreement
Postnups have the same benefits as prenups. Drafted and signed after a couple is already married, these allow couples who did not originally consider a prenup but now see the value in one to create a valid agreement. However, courts are known to scrutinize postnuptial agreements. In the event of a divorce, the agreement will be declared invalid if it does not meet strict Texas guidelines.
The Advantage We Provide
As a board-certified family law attorney, Mr. Schmitz will advise you on what is in your best interests in a sound and unambiguous language. These agreements can have significant consequences if not carefully reviewed. We can guide you throughout the process of drafting, reviewing and signing an agreement, while guarding you against future divorce litigation uncertainties.