Gunnstaks Law Office
972-590-6572
800-806-0186
Handling High-Value, High-Conflict Family Law Cases

Contact Our Firm Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Tips for creating a binding postnup

Postnuptial agreements can be quite helpful in a number of ways. Some couples look at a postnup as a way to marriage because it can create a solid financial plan that outlines responsibility and obligation of both parties. Conversely, couples who are contemplating divorce may want to put together a plan of how the divorce process would be done, thus mapping out what the divorce would look like.

It is best to get it in writing

Talking these things out is a good thing, but it is better to get something in writing. Here are some tips on how to make sure the agreement is as binding as possible.

  1. Make sure the agreement is fair: If it happens that the couple files for divorce, the prenup has a better chance of standing up in court if it is fair and equitable.
  2. Be honest: Do not try to hide any assets. The contract is compromised if it is later determined that marital assets were hidden. If this happens, a judge will often include substantial penalties that are more than the worth of the hidden assets.
  3. Each side should explain their goal for the postnup: This can show an understanding of the agreement drafted at the time, and the initial intention for doing it. It may even help the couple articulate their worries and issues.
  4. Each party should have an attorney: While one attorney can draft up a simple agreement, no attorney can ethically represent both parties. Attorneys looking after the rights and interests for each party ensure a measure of fairness and can remove the appearance of one side taking advantage of the other.

A solution for moving forward

Each spouse will have different goals. Perhaps the husband is uncomfortable with the spending habits of his wife, or the wife is worried about her husband leaving a well-paying job to start a new company. By putting it in writing, couples can find peace of mind for moving forward. An experienced Board-Certified Family Law expert attorney in Collin County, Dallas County or Denton County, or elsewhere throughout Texas can help with this process.

No Comments

Leave a comment
Comment Information
  • Press Release
  • Board Certified | Texas Board of Legal Specialization
  • Avvo Rating 10.0 Superb
  • LCA | Litigation Counsel of America | FELLOW Gunnstaks Law Office, Attorneys & Lawyers, Plano, TX 10 Best 2015 Client Satisfaction | American Institute of Family Law Attorneys

Office Location

Gunnstaks Law Office
5601 Granite Parkway, Suite 350
Plano, TX 75024

Toll Free: 800-806-0186
Phone: 972-590-6572
Phone: 800-806-0186
Fax: 214-619-0636
Plano Law Office Map

Call For Appointment Map