Houston Prenuptial or Premarital Agreement and Post-marital Agreement Attorney
Premarital (or prenuptial) agreements are entered into prior to marriage. Post-marital agreements are entered into after marriage. Both premarital and post-marital agreements are generally referred to as "marital property agreements". In a marital property agreement, parties may contract concerning any matter, including personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty, and as long as the rights of a child to receive support are not adversely affected.
When most people think of marital property agreements, they think of one party having a large separate property estate that he or she wants to protect. While this is often the reason for entering into marital property agreements, these agreements are also an important tool in preventing protracted and costly divorce litigation. A divorce court is charged with dividing a marital estate as the court deems "just and right" based upon the unique facts of each case. The factors a court can consider are limitless, which can mean that instead of focusing on settlement, a party may be focused on developing factors that could win them a larger property award. The existence of a well planned martial property agreement can significantly reduce the time and money spent on divorce litigation because, at the time of a divorce, marital property will be divided based upon pre-specified contractual conditions. A marital property agreement may also provide that no community esate will be created during the marriage and, accordingly, there will be no property to divide at the time of a divorce.
The negotiation, proper drafting and proper closing of a marital property agreement is critical. Equally as critical, marital property agreements must be negotiated in a delicate and tactful way so as not to cause issues within the parties' relationship. Lacy LaFour has extensive experience in drafting marital property agreements. Ms. LaFour takes a sensitive but firm approach when negotiationg property agreements, always allowing the client to set the tone and the pace of the negotiations. When agreements are reached, Ms. LaFour focuses on detailed and specific drafting and provides a closing cerermony for the execution of the documents, all of which are designed to augment the overall strength of the contract.
If you are contemplating entering into a marital property agreement, contact LaFour Law and arrange a time to come in and meet with us. We can assist you not only in formulating creative proposals, but we can also assist you in finding the words to bring up this delicate subject with your future spouse. For premarital agreements, it is always best to begin the process as early as possible so that these matters can be finalized well in advance of your wedding.