One of the most frustrating things about a Texas divorce is how unpredictable the outcome can be. When you and your ex don’t agree about issues, like how to split your property, litigation will result.
If you go to court, a judge is the one making the big decisions in your divorce. A judge will listen to the testimony and evidence of both spouses before making decisions about how to divide your belongings and debts based on your unique household situation and their interpretation of the Texas community property law.
Before you head to court to fight it out with your spouse, the two of you might want to consider sitting down to draft a postnuptial agreement to eliminate that uncertainty in a potential future divorce.
How does a postnuptial agreement work?
If you understand the basics of a prenuptial agreement, then you will also understand the basics of a postnuptial agreement as well. The biggest difference between these two kinds of marital contracts is when you execute them.
A postnuptial agreement is something you can sign after you get married to protect certain property or arrange for a specific outcome in your divorce. You and your spouse can negotiate certain terms based on your preferences and marital history.
That agreement can then lead to a quick and controlled uncontested divorce filing if your marital issues persist. You won’t have to litigate any disagreements because you will have already settled matters while you were still functionally communicating with your spouse.
Drafting a postnuptial agreement can simplify a future divorce and might even help you and your ex work out your disagreements and save your marriage.