Texas Postnuptial Agreement

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Updated August 07, 2022

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Texas postnuptial agreement is a legal document that married couples can use to determine how their assets will be distributed during death or divorce. In Texas, the agreements are typically known as “post-marital property agreements.” They are beneficial by allowing divorcing couples to put specific assets beyond the reach of a court tasked with dividing the marriage’s community property.

Unlike prenuptial agreements, or “prenups,” which are signed before marriage, postnuptial agreements are signed after a couple marries. For this reason, postnuptial agreements may be scrutinized more closely.

Signing Requirements (Tex. Fam. Code Ann. § 4.104) – The agreement must be in writing and signed by both parties.

Laws

Prenup vs. Postnup: In postnuptial agreements, a fiduciary duty is not present in premarital agreements between prospective spouses. Marsh v. Marsh (1997).