There are many excellent reasons to consider a prenuptial agreement in Texas. However, at Hope Family Law, we know that it can also be difficult to broach the subject with your fiance prior to the marriage ceremony. If you did not obtain a prenuptial agreement before the wedding but think that you and your spouse would still benefit from the protections it affords, you should know that it is never too late to create a postnuptial agreement.
The only real difference between a postnuptial agreement and prenuptial agreement is the time of their creation. As implied by the name, a postnuptial agreement takes place after the ceremony that legally recognizes the marriage. While the wedding is the deadline for a prenuptial agreement to take place, you can create a postnuptial agreement at any time following the ceremony, whether it is a matter of days, months or years.
It is likely that, over the course of your marriage, your circumstances or priorities will change, and where a prenuptial agreement may not have seemed necessary at the time, a postnuptial agreement makes more sense to you now. According to FindLaw, the following are situations in which it might make sense to create a postnuptial agreement:
- One spouse stops working, whether temporarily or permanently, to care for children
- One spouse makes irresponsible financial decisions that lead to considerable debt
- There are children from a previous relationship meant to inherit certain assets
You do not have to wait until your marriage is in trouble to think about a postnuptial agreement. In fact, creating a postnuptial agreement may help to strengthen the relationship by ensuring that both spouses know where they stand, and therefore actually help to avoid future troubles. More information about postnuptial agreements is available on our website.