Understanding Prenuptial And Postnuptial Agreements

In the 25 years we have been resolving family law issues, we have seen a dramatic shift in public opinion about prenuptial agreements, referred to as premarital agreements. Once regarded as a lack of confidence in a marriage, pre-marital agreements are today seen as a proactive approach to your finances. Executing a premarital agreement may even prove to be an investment in the health of your relationship.

Overcoming The Presumption Of Community Property

In a divorce, community property must be divided equally between the parties. Under state law, any asset acquired during a marriage is deemed part of the marital estate and classified as community property. Unless proven otherwise, this presumption applies to all of a couple's assets. A premarital agreement is one way to shift the presumption of community property.

Designed For Complex Family Situations

Any couple can utilize a premarital agreement. Complex family situations, in particular, can benefit. If you have children from a previous marriage, a premarital agreement will clarify the assets you separately owned and wish to set aside for your children. Since a premarital agreement clarifies each spouse's separate property, it can also protect previously owned business interests or other substantial assets from commingling with your community property. We also recommend coordinating this type of contract with your estate plans.

It's Never Too Late To Contractually Define Your Property

State law also allows married couples to contractually inventory their separate property. In a postnuptial agreement, a couple can distinguish their separate assets from the marital estate. If a couple has decided to separate or is considering divorce, a postnuptial agreement is a proactive financial step because you have separated the property in advance, and it takes immediate effect.

Contact A Skilled Pre-Marital Agreements Attorney

A proactive approach to your finances may be one of the best investments you can make toward your marital health. Call (210) 536-0555 or contact us online to schedule a consultation at our San Antonio office.