Pre & Post Marital Agreements
Marital Agreements - Both Pre And Post Marriage
Often times I meet clients who are about to get married who have substantial assets, children
from prior marriages, partnership or business agreements, or other reasons they believe
necessitates entering into a Premarital Agreement that defines their respective ownership
interest and/or obligations. In Texas, parties may contract with one another to alter the
law with respect to the rights and obligations of each party and to any property either or
both of them may own.
They may contract with respect to 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. They may also alter, by contract, the manner
that property may be disposed of on separation, marriage, death, or on the occurrence or
non occurrence of any other event. The may also modify or eliminate spousal support; agree
on spousal support; the making of a Will, Trust or other arrangement; the choice of law
governing the construction/interpretation of the agreement; and almost any other matter.
In recent years, Texas courts have upheld the enforcement of marital agreements. There are
very few exceptions where a party can void the effects of a marital agreement he/she previously
entered into. However, it is preferable for enforcement purposes that each party to an
agreement have their own independent attorney.
Also, after marriage, I have encountered clients who wish to have a formal agreement concerning
their community property, separate property, the income from their community property and the
income from their separate property. Parties may contractually agreement to change existing
Texas law and to alter the character of income from property. Also, it is possible to convert
community property to separate property, or separate property to community. In the past decade
or so, Texas courts have almost consistently upheld the enforcement of such post marital
agreements, having invalidated them under only a few limited circumstances.
If you are contemplating entering into either type agreement, either pre or post marriage,
contact Michael P. Von Blon & Associates.