Updated March 27, 2024
A 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.
Laws
- § 4.102. Partition or Exchange of Community Property
- § 4.103. Agreement Between Spouses Concerning Income or Property From Separate Property
- § 4.105. Enforcement
Prenup vs. Postnup: In postnuptial agreements, a fiduciary duty is not present in premarital agreements between prospective spouses.[2]