When most people think about marriage, legal contracts might not be the first thing that comes to mind. But in Texas, prenuptial and postnuptial agreements can play a vital role in protecting your financial future—whether you’re planning your wedding or already married.
At Haugen Law Firm, P.C. we help individuals and couples across Denton County and DFW create strong, enforceable marital agreements. If you're wondering whether a prenup or postnup is right for you, here's what you need to know.
What Is a Prenup?
A prenuptial agreement (or “prenup”) is a legal contract entered into before marriage that outlines how property, debt, and other financial matters will be handled in the event of divorce, death, or separation.
It can cover:
- Division of community and separate property
- Debt responsibility
- Spousal support (alimony)
- Rights to business or retirement accounts
- Estate planning and inheritance rights
A well-drafted prenup helps couples start their marriage with clear expectations and financial transparency.
What Is a Postnup?
A postnuptial agreement (or “postnup”) is similar to a prenup—but it's signed after the couple is already married. It may be used to:
- Clarify ownership of newly acquired property
- Protect a growing business
- Address changes in income or finances
- Rebuild trust after a separation or marital issue
- Define asset division in case of future divorce
Postnups are especially helpful for couples who didn’t get a prenup but want legal protection now.
Texas Is a Community Property State—Why That Matters
Under Texas law, most property and debts acquired during marriage are considered community property, meaning they belong equally to both spouses. In a divorce, this property is divided in a way that is “just and right.”
Without a prenup or postnup, you may lose:
- Control over how your assets are divided
- Protection for separate property like inheritances or pre-marital businesses
- The ability to limit future spousal support obligations
What Can (and Can’t) a Prenup/Postnup Include?
Allowed:
- Property classification (community vs. separate)
- Debt allocation
- Spousal support terms
- Business ownership rights
- Estate planning provisions
Not allowed:
- Child support or custody decisions (these are decided by the court in the child’s best interest)
- Illegal or unfair provisions
- Agreements signed under duress or without full financial disclosure
Do You Need a Prenup or Postnup? Ask Yourself:
- Do you or your spouse own property or a business?
- Are there children from a previous relationship?
- Do you want to protect family heirlooms or inheritance?
- Is there a large income or asset disparity between spouses?
- Do you want to define financial roles or expectations in marriage?
If you answered "yes" to any of these, a prenup or postnup may be a wise move.
Common Myths About Prenups & Postnups
Myth: “Prenups mean you don’t trust your spouse.”
Fact: They promote honest conversations and protect both partners.
Myth: “Only wealthy people need prenups.”
Fact: Anyone with property, debt, or financial goals can benefit.
Myth: “They’re not romantic.”
Fact: Think of it as financial planning for your marriage—just like estate planning for your future.
Haugen Law Firm, P.C.: Helping You Plan With Confidence
At Haugen Law Firm, P.C. we understand that every couple is unique. Whether you’re preparing for marriage or adjusting to changes within it, we’ll help you create a personalized, legally sound prenup or postnup agreement that protects your rights and assets. We’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!