Hays County Marital Agreement Attorneys

Helping Our Clients Protect Separate Property

Many people are under the impression that creating a marital agreement is negative. However, there are many positive benefits to creating a prenuptial (prenup) or postnuptial (postnup) agreement. At The Law Office of Milena Christopher, we can help couples draft a document that honors each party’s financial needs and responsibilities. While this process may seem daunting, we can work with you to make it as stress-free as possible.

For a legal consultation, call our firm at (512) 858-8253 today! We proudly represent couples in Hays County, Blanco County, Travis County, and the surrounding Central Texas areas!

Texas Community Property Laws

There are many nuances to how property is considered per Texas law, and it is advisable to consult a family law attorney to review all property to help determine its’ classification and to craft a marital agreement that will meet the parties’ needs.

For example, once a couple marries, Texas typically classifies property into 2 categories: separate property and community property. If you owned property prior to the marriage, that is typically considered separate property, and may not be subject to division in the event of divorce. However, if such separate property is used is comingled, or used for the benefit of the marriage, then that could be classified as community property.

Community property usually includes any funds or assets gained during the marriage. For instance, if the couple bought a house or stocks together, it will be classified as community property and divided in a ‘fair and just’ manner between both parties. To avoid court intervention in a property division case, many couples choose to create a marital agreement. To be legally valid, this agreement should be completed before marriage, as a prenuptial agreement, or during the marriage, as a postnuptial agreement.

Either marital agreement allows both parties to have a say in how they would like to divide any property accumulated during the marriage, in the event of a divorce. Additionally, a couple can devise a plan for spousal maintenance (amount and duration), as well as how they would like to handle marital debts.

Creating Valid Marital Agreements

The Law Office of Milena Christopher can help you and your partner create an agreement that works for your lifestyle. We will discuss your wishes and work to ensure the marital agreement is compatible with Texas law.

Contact our firm online or call us at (512) 858-8253 to evaluate your case.