Practice Areas
Prenuptials & Post-Marriage Agreements
We craft agreements that reflect your unique circumstances, whether you're protecting a tech startup or significant family assets.
Why Consider a Prenup?
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Protect Premarital Assets: Safeguard your hard-earned wealth or family inheritances.
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Clarify Financial Responsibilities: Set clear expectations for financial management during marriage.
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Simplify Potential Divorce: Reduce conflict and costs if the marriage ends.
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Protect Business Interests: Ensure your company remains in your control.
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Secure Your Financial Future: Especially crucial for stay-at-home parents or those with significant career sacrifices.
Who Needs a Prenup?
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Entrepreneurs: Protect your innovative ideas and growing business.
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Stay-At-Home-Moms: Protect yourself with terms that compesnate you outside of a 401k.
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High-Net-Worth Individuals: Safeguard your assets and financial legacy.
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LGBTQ+ Couples: Address unique legal considerations in your union.
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Young Professionals: Set a strong financial foundation for your future together.
Understanding Prenuptial Agreements
A prenuptial agreement, sometimes called a premarital agreement, is a contract entered into by two people before they marry that establishes how certain financial and property matters will be handled during the marriage and in the event of divorce or death.
A properly prepared agreement can address the characterization and division of property, responsibility for debts, ownership and management of assets, and other financial rights and obligations.
Prenuptial agreements can be particularly helpful for individuals entering a marriage with significant assets, a business, real estate, investments, inheritances, or substantial debts.
By establishing expectations before marriage, a carefully drafted agreement can provide both spouses with greater clarity and certainty about their financial arrangements.
Protecting Property, Businesses, and Financial Interests
Texas law distinguishes between separate and community property, and a prenuptial agreement can establish how certain property and financial interests will be treated during the marriage.
This can be especially important for individuals who own a business or significant assets before marriage or anticipate acquiring substantial property during the marriage.
A prenuptial agreement may also address responsibility for debts such as student loans, credit cards, or business obligations. Clearly defining ownership and financial responsibilities in advance can help reduce uncertainty and potential disputes if the marriage later ends.
Post-Marriage Property Agreements
Not every couple enters into a prenuptial agreement, and financial circumstances can change significantly after marriage.
A post-marriage agreement, which may include a postnuptial agreement can allow spouses to establish or change the characterization of certain property during the marriage.
Couples may consider these agreements after acquiring a business or significant assets, receiving an inheritance, experiencing a change in financial circumstances, or simply deciding that they want greater certainty regarding the ownership and treatment of their property.
These agreements can also address property that has become commingled or establish how particular assets and debts will be handled going forward.
Fergus & Tomanka Can Help
Whether you are considering an agreement before marriage or after you are already married, the terms can have significant and lasting financial consequences. Each party should understand the property, financial rights, and obligations addressed by the agreement and how those provisions could affect them during the marriage or in the event of divorce. Thoughtful planning and individualized legal advice can help ensure that the agreement accurately reflects the parties' intentions and addresses the financial issues that are most important to them.
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Fergus & Tomanka can help you navigate the legal and financial considerations involved in prenuptial and post-marriage property agreements. Whether you are preparing a prenuptial agreement before marriage, considering a post-marriage property agreement, or need an attorney to review an existing agreement, our attorneys can help you understand your rights and options. We can work with you to develop or evaluate an agreement that addresses your unique financial circumstances and provides greater clarity about your property and financial interests.
