Once you are married, it is too late to get a premarital agreement in Texas.  However, you and your spouse can enter into a post-marital agreement. The requirements for a post-marital agreement are the same, but the need for full disclosure of assets and liabilities is held to a higher standard after marriage.  This is because spouses have a fiduciary duty. A fiduciary relationship is one that bears a high responsibility for dealing fairly and ethically with the other person.  Because of this high standard, post-marital agreements are found invalid much more often than premarital agreements.

Postnuptial agreements are frequently used in troubled marriages when parties are having financial conflict.  Estate planning lawyers may also recommend postmarital agreements for tax purposes. 

The provisions of a postmarital agreement (sometimes called a partition agreement) in Texas are the same. The parties can separate their assets, address the source of funds for debt payments, address issues of spousal support in the event of divorce, etc.   

 

For help in drafting your postmarital agreement, contact the Texas board certified attorneys at O’Neil & Attorneys.

Read more on premarital agreements:

What is a Prenup?           

Does getting a prenup mean that my fiancé doesn’t trust me?

But I’m not wealthy. Do I really need one?

How much will a prenup cost?

Can I skip the lawyer fees and D.I.Y. my prenup?

How to I tell my spouse-to-be that I want a prenup?

What are the requirements of a prenup?

What are common clauses in a prenup?

Can we change the prenup later?

What is the procedure for getting a prenup?

How long before the wedding should we start the process of getting a prenup?

Can one attorney represent both of us in drafting the premarital agreement?

What happens to a prenup when the spouses get a divorce?

Hat tip: 9 Questions You Want To Know But Are Too Afraid To Ask About Prenups

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.