Premarital and Post Marital Agreements
Many couples who are engaged to be married or who already married opt to create property agreements between themselves. This type of agreement defines and establishes the property interests of each person in the relationship. Without such an agreement in place, the Texas laws of community property will define the extent of the property interests between the couples. The advantage of creating an agreement is the certainty that it creates in the interest of each person in the relationship. Additionally, upon the termination of the marriage, whether by divorce or by death, the division of property is already addressed by the agreement.
While both pre-marital and marital agreements are both valid in Texas, they each have their own specific execution requirements and limitations of terms. Anybody interested in executing a pre-marital or marital agreement would be well advised to consult an attorney for assistance in doing so. This will ensure that the agreement is properly executed and that the person is advised of the consequences of the agreement.
While everybody who gets married intends to stay married, the inevitable fact is that many marriages today end in divorce. This can be one of the most difficult and emotionally fraught experiences for most people. One of the biggest issues in many divorces is the relationship between parents and their children. This issue is addressed in the discussion about the parent child relationship. The second major issue that one faces during a divorce is the division of property between the divorcing couple.
In order to properly divide the couples property it is necessary to classify the property into separate and community property. Separate property remains separate and is not divided during a divorce. Community property, on the other hand, needs to be divided. The process of this division can vary depending on the amicability and positions of the couple. It could require a fully contested matter in court if the couple cannot come to terms on their own. On the other hand, if the couple is able to come to terms on their own or with the help of a mediator, the process can be fairly straight forward.