Talking about finances with your partner can feel uncomfortable, but creating a prenuptial or postnuptial agreement is one of the smartest ways to protect your future. At True Law Firm, we help you define clear financial expectations and safeguard what matters most, so you can focus on building a strong, lasting relationship.
What constitutes prenuptials and postnuptials?
Prenuptial and postnuptial agreements are legal contracts between spouses that outline how assets, debts, and financial matters will be handled in the event of divorce or death. A prenuptial agreement is signed before marriage, while a postnuptial agreement is created after the couple is already married. These agreements can cover property division, spousal support, inheritance rights, and even financial responsibilities during the marriage. To be valid, both must be voluntarily signed, fully disclose assets, and comply with Texas law.
Common reasons to consider prenuptials:
- You or your partner is bringing significant assets into the marriage
- One or both of you have children from a previous relationship
- One partner has substantial personal or business debt
- You own a business or share in a family enterprise
- This is a second or subsequent marriage
- You want to clarify financial responsibilities and expectations
- You wish to protect an inheritance or family property
- You want to avoid future disputes by defining property division in advance
Common reasons to consider postnuptials:
- You didn’t create a prenuptial agreement before marriage, but now want legal clarity
- There’s been a significant change in income, assets, or debts
- One of you has received an inheritance or gift you want to protect
- You’re experiencing ongoing financial disagreements in the marriage
- One partner starts or invests in a business during the marriage
- You want to define or revise spousal support or asset division terms
- You’re working to rebuild trust after a period of marital strain
- You want to create a shared financial plan moving forward
How to discuss a prenuptial with your partner?
Bringing up a prenuptial agreement can feel awkward, but approaching it with honesty makes all the difference. Start the conversation early, well before the wedding, and frame it as a way to protect both of you, not just yourself. Emphasize that it’s about planning for the future together, not expecting separation. Be clear about your intentions, listen to their concerns without judgment, and suggest meeting with a lawyer together to make the process collaborative.
How to navigate the process with children?
When you have children from a previous relationship or plan to have them together, it’s especially important to approach prenuptials or postnuptials carefully. These can help clarify financial obligations, protect your children’s inheritance, and protect their interests. Be honest with your partner about your goals for your children’s future, and work with a skilled attorney who can help structure the agreement appropriately. At True Law Firm, we guide you through every detail while keeping your children’s well-being at the forefront.
Prenuptials and postnuptials FAQs
Will bringing up a prenup hurt my relationship?
Not necessarily. While it may feel uncomfortable at first, many couples find that discussing a prenuptial agreement actually strengthens their communication. When handled respectfully, it’s a way to show mutual transparency, build trust, and clarify expectations about finances and responsibilities. It’s not about expecting failure but about planning for the future with maturity.
Do both partners need their own lawyer?
While it’s not legally required in Texas for both parties to have separate lawyers, it’s strongly recommended. Having independent legal counsel ensures that both individuals fully understand the terms of the agreement and that the contract is considered fair and enforceable in court. This also reduces the risk of challenges later on.
Can we include child custody or child support terms in a prenup or postnup?
No. Under Texas law, you cannot predetermine child custody or support in a prenuptial or postnuptial agreement. Courts always prioritize the best interests of the child at the time of the divorce or separation. Any clauses related to custody or support are typically unenforceable.
Can we change the agreement later?
Yes. Prenuptial and postnuptial agreements can be amended or revoked at any time after they are signed, as long as both parties agree in writing. Life changes, such as having children, launching a business, or inheriting property, might make an update necessary.
Contact True Law Firm
True Law Firm is a trusted Texas-based family law firm committed to guiding couples through important legal decisions. Our experienced attorneys are always just a call away, ready to answer your questions and provide the personalized support you deserve. If you’re considering a prenuptial or postnuptial agreement, schedule your consultation today.
