A San Antonio Family Law Attorney Can Explain When To Consider A Postnup

Prenuptial and postnuptial agreements can be contentious issues, even when a relationship is going well. Few people want to spend time thinking about the possibility that a marriage will dissolve while planning a wedding, so for this and other reasons, many couples prefer to file postnuptial agreements instead. An experienced San Antonio family law attorney can help you do this while explaining the laws that govern this practice. In order to be legally binding, a postnuptial agreement must be agreed to by both parties, so it is important that everyone understands what they are agreeing to.

 

One aspect of a postnuptial agreement can include a partition of community property. This includes current assets and earnings such as bank accounts, property, stocks, or high-value items such as art or automobiles, as well as earnings that are presumed to come in the future, such as salaries, bonuses, commission payments, or items purchased using any of these. A San Antonio family law attorney should listen to your concerns and needs in order to draw up a postnuptial agreement that will protect your assets if the marriage should dissolve, but a postnuptial contract must always be signed under fair and open circumstances.

 

In order for your postnuptial agreement to be binding, it must be signed voluntarily by both parties. There must also be complete knowledge of assets, both present and future, on both sides, and if either side hides information or attempts coercion, this can invalidate the contract. You may not be sure that you need a postnuptial agreement to protect your assets, so it is wise to consult with an experienced San Antonio family law attorney to determine the best course of action, as a consultation can help you understand your options for protecting current and future assets. Contact a San Antonio family law attorney at Espronceda Law today.

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