Grapevine, TX Prenuptial and Postnuptial Agreement Attorneys

Experienced Lawyers Drafting and Reviewing Marital Agreements in Grapevine, Texas

Some people view marital agreements as a precursor to divorce, but at the same time, these documents can provide a married or engaged couple with peace of mind even if the marriage never falls apart. A Grapevine, TX marital agreement lawyer can help protect your interests by drafting or reviewing a prenuptial or postnuptial agreement on your behalf.

At Powell Law Offices, P.C., we understand the complexities that surround marital agreements and their usage in divorces. If any questions arise about the terms of an agreement and their enforceability, our firm can work to clear up any points of confusion. In highly litigated cases, we can represent you in litigation regarding the terms of a prenup or postnup.

How Are Prenuptial and Postnuptial Agreements Used?

Prenuptial and postnuptial agreements allow couples to define how property and support obligations will be handled in the event of divorce. In Texas, these agreements must be in writing and signed by both spouses, with full disclosure of assets and liabilities. Spouses may agree to classify certain assets—such as real estate, retirement accounts, or business interests—as separate property, shielding them from division as community property.

Similarly, parties can establish the division of community assets, clarifying how bank accounts, investments, and personal property will be split. Support provisions may address spousal maintenance, setting agreed terms for temporary or permanent spousal support based on factors like duration of marriage or earning capacity. These provisions offer predictability, reduce conflict, and permit couples to negotiate tailored solutions rather than relying on statutory defaults. Prenuptial agreements are drafted before the marriage, while postnuptial agreements are written during the marriage itself. Both types of agreements must be fair at the time of execution and must not be the product of fraud, duress, or intentional concealment of material facts.

The Limits of Marital Agreements

Although marital agreements grant significant autonomy, Texas law imposes clear limits to protect public policy and vulnerable parties. Agreements cannot include provisions that violate criminal statutes or contravene public policy—terms requiring a spouse to engage in illegal activity or waive fundamental rights will be void.

Marital agreements may not determine child custody or child support arrangements, as these issues fall under the court's exclusive duty to safeguard the best interests of the child. Any attempt to predetermine parenting time, conservatorship roles, or support obligations is unenforceable, as the court will review the child's circumstances, health, educational needs, and emotional welfare without regard to an agreement's terms.

Challenging a Marital Agreement in Court

A spouse seeking to invalidate a prenuptial or postnuptial agreement bears the burden of proving that the document is unconscionable or was procured by fraud, duress, or material nondisclosure. Unconscionability arises when, at execution, the agreement's terms are so one-sided that enforcement would be unjust. For instance, a prenuptial agreement that awards all of the community property to one spouse may be regarded as unconscionable in court.

Courts examine factors such as the relative bargaining power of the spouses, the completeness of financial disclosures, and whether independent legal advice was available and obtained. If one spouse can demonstrate that the other concealed significant debts or assets, or coerced consent under threat of withdrawal from the marriage, a court may find the agreement voidable.

Contact a Grapevine Prenuptial and Postnuptial Agreement Lawyer

At Powell Law Offices, P.C., we can help you navigate disputes regarding a marital agreement, whether you want to challenge or uphold the agreement in court.

Attorney Lauren Powell has over 20 years of legal experience. To schedule a free in-person or virtual consultation with our seasoned legal team, call us at 972-584-9382 or contact our Grapevine, TX marital agreement attorneys.