Premarital Lawyer

Austin Area Marital Property and Separate Property Attorneys

Under Texas law, spouses can enter into a pre-marital agreement or post-marital agreements. The existence of premarital or post-marital impact can have a dramatic effect on your divorce, property division, and spousal maintenance. 

Premarital Agreements:

The Texas Family Code defines a "premarital agreement" as one made between prospective spouses, in contemplation of marriage, which shall become effective on marriage.  Tex. Fam. Code. § 4.001.  Property which may be subject to a premarital agreement is broadly defined by the Family Code to include any "interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings."  Id.  Section 4.003 of the Texas Family Code provides a comprehensive listing of matters which might be dealt with in a premarital agreement.  These include:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The modification or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. 

To be enforceable, a premarital agreement must be in writing and signed by both parties.  Tex. Fam. Code. § 4.002.  Also, a premarital agreement is not enforceable if the party against whom enforcement is requested provides that:

1. The party did not sign the agreement voluntarily; or
2. The agreement was unconscionable when it was signed and, before signing the agreement, that party:
   1. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
   2. Did not voluntarily expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
   3. Did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

Tex. Fam. Code § 4.006

Postmarital Agreements:

The Texas Family Code also sets out requirements of a property agreement executed between spouses, or a postmarital agreement.  The Family Code states,

At any time, the spouses may exchange between themselves any part of their community property, then existing or to be acquired, as the spouses may desire.  Property or a property interest transferred by a partition or exchange agreement becomes the spouse’s separate property.  The partition or exchange of property may also provide that future earnings and income arising from the transferred property shall be the separate property of the owning spouse.
Tex. Fam. Code. § 4.102

Spouses may also agree, at any time, that income or property arising from the separate proprety that is owned by them at the time of the agreement, or thereafter acquired, shall be the separate property of the owner.  Tex. Fam. Code. § 4.103.  Like premarital agreements, postmarital agreements must be in writing and signed by the parties.  Tex. Fam. Code § 4.104.

The defenses for a postmarital agreements are identical to those for premarital agreements.  However, in drafting a postmarital agreement, a fiduciary relationship exists between the spouses that is sometimes not present in premarital agreements.  Marsh v. Marsh, 949 S.W.2d 734, 746 (Tex. App.—Houston [14th Dist.] 1997, no writ). 

Let the Attorneys at Piper & Turner, PLLC Help:

Whether you are seeking to enforce a premarital or postmarital agreement, or looking to defend against the enforcement of one of the agreements, one thing is true:  the decision of the court concerning the agreement will have a significant impact on your divorce.  Premarital and postmarital agreement disputes often involve complex and contentious litigation with very high stakes.  Because of this, it is important that you hire lawyers who understand the law concerning premarital and postmarital agreements and who are ready to defend you and your interests in court. 

Our experienced trial attorneys understand the issues affecting the enforcement of premarital and postmarital agreements.  Attorney James W. Piper is a Board Certified family law attorney who has been serving families throughout Texas for more than 36 years.  Mr. Piper has been named a Super Lawyer© by Texas Monthly Magazine, is an AV rated attorney by Martindale-Hubbell©, is listed in Bar Register of Preeminent Lawyers, is a member of the Texas Academy of Family Law Specialists and is widely considered one of the most well respected family law attorneys in Central Texas.  Mr. Piper's partner, Travis L. Turner, also a Board Certified family law attorney, has been named a Rising Star by Texas Monthly Magazine© and is a member of the Texas Academy of Family Law Specialists.  Mr. Turner, with his extensive litigation and courtroom experience, has rapidly become known as one of the most prominent young family law attorneys in the Austin area.  Both Mr. Piper and Mr. Turner, along with the attorneys of Piper & Turner, PLLC, form a unique and unmatched team of lawyers with the talent and experience needed to gain success for our clients both inside and outside of the courtroom.

Because our attorneys and staff are focused exclusively on family law matters, we have the knowledge and resources to handle the simplest to the most complex family law matters.  Founding partner, James W. Piper is a board certified in family law attorney who has been serving families throughout Texas for more than 36 years.  Mr. Piper has been named a Super Lawyer©, is an AV rated attorney by Martindale-Hubbell©, is listed in Bar Register of Preeminent Lawyers, is a member of the Texas Academy of Family Law Specialists and is widely considered one of the most well respected family law attorneys in Central Texas.  Mr. Piper's partner, Travis L. Turner, also a board certified family law attorney, has been named a Rising Star by Super Lawyers© and is also a member of the Texas Academy of Family Law Specialists.  Mr. Turner, with his extensive litigation and courtroom experience, has rapidly become known as one of the most prominent family law attorneys in the Austin area.  The high regard Mr. Turner is held in by his peers is demonstrated by the fact that he is the current vice president of the Family Law section of the Austin Bar Association. 

Contact our office to schedule an opportunity to meet with one of our experienced attorneys about your divorce and about enforcing or defending against a premarital or postmarital agreement.  Based on our experience, we can clearly explain how Central Texas family courts are likely to view your situation and we will guide you through the entire process.  Our lawyers pride themselves on offering our clients honest and realistic assessments about their cases while zealously advocating for the needs of each individual client.  Let us help you get achieve of mind about your divorce. 

Contact us at Piper & Turner, PLLC to learn more about how we can help you weather the storm.