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Postnups

Postnups are similar to prenups in that they can establish agreements involving financial obligations and allocation of property during a marriage, and in case of a divorce, separation or death.  However, unlike prenups, postnups take place after the marriage.  Postnups are therefore more flexible because they can be adjusted or drafted after the marriage is already established, and the couple knows each other better.

Attorney for Postnups in Brownsville, Texas

Because postnups are less common than prenups and therefore they incite a little form of distrust in the legal world and in the courts, it’s really important that if you do decide to draft one or modify one, you have the help of a legal professional.  At The Gracia Law Firm, P.C. our attorneys can help you verify if your existing premarital agreement is legal and enforceable under Texas law, or prepare one for you.

Our attorneys understand how money can be a delicate subject, however it should not be avoided.  Postnups are about smart financial and security planning in the event that something does go awry within the marriage.  Having something in writing can help your marriage by reaching a compromise and establishing each spouse’s wishes in case of a dramatic event.

The Gracia Law Firm, P.C. works with clients in the counties of Willacy, Hidalgo, and Cameron.  Call us at 956-504-2211 to get a free, confidential consultation or fill out our case review form at the bottom of the page.

Overview of Postnups 

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Who Can Benefit from a Postnup?

Married couples who can benefit from a postnup include:

  • Spouses with one stay-at-home parent or those family planning
  • Spouses approaching retirement age or life insurance policy age
  • Spouses with a terminal illness
  • Spouses with a significant difference in incomes
  • Spouses wishing to edit their original premarital agreement
  • Spouses with specific financial situations or obligations
  • Spouses with investments, businesses, or monetary awards
  • Spouses who built a financial plan together and wish to put into writing

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Legitimacy of a Postnup

Prenups are more likely to appear as legitimate if they are drafted according to the following guidelines:

  • The agreement is in writing, signed by both parties
  • Any adjustment or edit of the agreement was agreed on and signed by both parties
  • Any of waiving of rights to the disclosure of the agreement was done voluntarily and willingly
  • All terms of the agreement are disclosed inside the contract
  • The most up to date agreement was reviewed by a legal representative
  • All existing debt, assets, and property have been disclosed in the contract
  • All terms of the agreement appear to be fair and reasonable
  • The agreement is fully understood by each spouse
  • The agreement does not contain terms addressing child support, child custody, criminal punishment, or public policy
  • The agreement does not contain terms encouraging a dissolution of marriage

A postnup becomes invalid when it violates any of the rules above, or any principle of a premarital contract.  Additionally, a postnup can become unreliable or invalid in the following events:

  • Voided or annulled marriage
  • Based on a common law marriage
  • The marriage never took place, or couples are only cohabitating

If you do enter the dissolution of marriage, a premarital contract like a prenup or postnup can be the first document your divorce attorneys refer to when making decisions about division of property.  Because a postnup can be a legally binding contract if done properly, any division of property will have to abide by the rules of the postnup. In case your divorce makes it to court, a postnup becomes a crucial component when you and your spouse are contesting divorce matters.  It is important that a postnup is valid and represents both yours and your spouses’ wishes. Otherwise, the divorce process is a long and difficult process, and you will have to start at zero.  Postnup agreements can save you time a money by making the agreed upon division of your assests legally binding.

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Additional Resources

The Forum for Family and Consumer Issues (FFCI) | Financial Harmony– The journal talks about the financial harmony that is necessary for the marriage to last long.  Most of the problems that exist in marriage can revolve around money, so contracts like postnups can establish financial obligations within the marriage, which are meant to be legally binding.

Divorce Rate Higher in the South | Census 2010– The 2010 census was the last census to collect information involving divorce rates in the United States.  The census gathered data that compared divorce rates in different locations of country.  The data revealed that divorce rates tend to be higher in the Southern regions of the country.

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Attorney for Postnups in Cameron County, Texas

Postnups are necessary documents when trying to establish financial obligations in marriages.  If you are married, and never got a chance to decide on separation of property during the premarital process, a postnup is a contract that can help you make those decisions after marriage.  Our attorneys, at The Gracia Law Firm, P.C. can help you with premarital agreements and postnups.  If you’re worried about your financial security in and out of marriage, you can create a contract between you and your spouse laying out your financial responsibilities during the marriage, and in case of a dissolution of marriage.

If you want your postnup to be honored in case of a divorce, separation, or death, you can have a an attorney that works with postnups review your postnup agreement.  Our attorneys can work with you and your spouse or your spouse’s representative to modify any terms in your premarital agreement pertaining to adding or modifying the distribution of assets.

Call our office at 956-504-2211 for a free, confidential consultation or fill out a case review form.  We work with residents from the counties of Willacy, Cameron, and Hidalgo.