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Effectively Protecting Your Assets & Your Future
While drafting a marital agreement is not typically thought of as a romantic gesture, marital agreements are extremely practical and useful legal instruments. Prenuptial and postnuptial agreements can be used to protect both your and your spouse’s assets in the event of a divorce. This is especially important if either party is bringing significant business or personal property into the marriage. You are not expecting to get divorced but working with an Austin marital agreement lawyer can help ensure your future is protected. Attorney Melissa Williams can guide you through the legal process and help you with your family law needs.
Prenuptial vs. Postnuptial Agreements in Texas
A prenuptial agreement is a contract that a couple enters into prior to marriage while a postnuptial agreement is a contract that a couple who is already married creates and signs. Both agreements have the same purpose, which is to list out how finances and related issues will be handled in the case of a divorce.
Why Draft a Marital Agreement?
Marital agreements are so frequently associated with celebrities, business owners, and wealthy individuals. However, they offer value to virtually any couple. A marital agreement can be used to protect your credit, your family's business, and even your employment benefits. With over 25 years of experience, we have handled many types of family law and divorce cases and have personally seen countless situations get out of hand due to a lack of a marital agreement. We can work with you to create a marital agreement that fits your individual needs.
A few common reasons to draft a marital agreement include:
- To protect your financial assets in the event of divorce or death
- To prevent financial disputes from arising in your marriage
- To strengthen your estate plan
Common Prenuptial Agreement Clauses
There are some specific provisions that are commonly included in a prenuptial agreement. Two of the most common are:
- Identification of each party’s property and debt owned prior to marriage, and a determination for which will be considered separate property in the event of a divorce.
- An agreement regarding property acquired during marriage, and whether it will be considered community property or separate property in the event of a divorce.
Prenuptial agreements might also state that:
- Each party’s salary will be considered separate property
- Income generated from separate property would remain separate
- Spousal support will be waived
While a marital agreement can help with many different aspects of your marriage, there are a few provisions which are not allowed. For example, you cannot include child custody or support terms in a prenuptial agreement.
To learn more about marital agreements in Texas, don’t hesitate to contact our firm today.
Retain a Board-Certified Family Law Attorney in Austin
If you are planning to get married, speaking with an Austin marital agreement attorney is in your best interest. We can sit down with you to discuss whether or not drafting a marital agreement is right for you and if so, what it should include. Attorney Melissa Williams can help you create a comprehensive agreement that helps to prevent or resolve major disputes before they even arise.
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Creative, Proactive ApproachWe take our clients' cases very seriously and we understand that no two cases are alike. Every case is handled with an open mind and by an attorney who is here to listen to your side of the story.
Board Certified Family Law AttorneyAttorney Melissa Williams has been certified by the Texas Board of Legal Specialization to practice Family Law in the state of Texas, a high honor speaking to the her dedication.
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Contact us today to set up a consultation with Attorney Melissa Williams. Our divorce attorney in Austin, Texas is ready to answer your questions.