Postnuptial Agreement Template - Texas

Postnuptial Agreement Template - Texas

Texas Postnuptial Agreement: What Is It?

A Texas Postnuptial Agreement is a legally binding document created by the spouses that want to determine their rights and responsibilities to cover the essential matters of their life together and a potential divorce.

If you could not negotiate the rules and terms you will follow as a married couple and as divorced partners before you got married, you have an opportunity to do it at any time during your marriage. Whether your financial situation changed or you had children, you may sign and update this contract when necessary.

You can download a Texas Postnuptial Agreement template below.

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How to Make a Texas Postnuptial Agreement?

While all contracts signed by spouses are unique and can be personalized by the couple according to their wishes, here are some tips that will help you prepare a Postnuptial Agreement in Texas:

  1. Identify the parties by their full names and indicate when the marriage was formalized.
  2. Provide information about your income, assets, debts, and liabilities . It is an essential requirement in order to ensure the terms of the present contract are fair for both spouses and do not favor one of them unjustly. Besides, the instrument has to state how the couple intends to divide the marital debts if they eventually break up.
  3. Explain how the property of the parties will be distributed in the event of divorce . Do not forget to mention every asset acquired during the course of the marriage including investments, businesses, bank accounts, and stocks. You are also free to refer to the real estate and personal items you owned when you were unmarried and promise to share them with your spouse in case you get a divorce. Additionally, decide who will keep living in the marital residence after your relationship is over.
  4. List the rights and obligations valid during your marriage . For instance, one spouse may assume the duties of a stay-at-home parent - the document should reflect this and, if the partners agree, provide them with financial assistance during the marriage.
  5. Compose a co-parenting plan valid during your life together and after a potential separation . The document should elaborate on the financial assistance your kids will be entitled to, contain the name of the primary custody parent, and briefly point out the visitation rights - it may seem too early to think about these details, but it will definitely save you time during the lengthy divorce process.
  6. Outline the circumstances that will make the terms of the agreement null and void . For example, if one of the spouses commits adultery, it will cancel their right to receive alimony.
  7. Book an appointment with a local notary public . You have to acknowledge your willingness to be bound by the conditions listed in writing otherwise the authenticity of the document may be disputed. A notary seal under your signatures is usually enough to guarantee the contract is recognized without any issues by private individuals, authorities, and courts.

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