In the past, pre- and postnuptial agreements earned a bad reputation for supposedly setting up divorce before a couple even married. While these agreements are an uncomfortable topic to discuss with someone you love and trust, ultimately they are just documents aimed at protecting both parties from a worst-case scenario. Additionally, talking about the specifics of your finances in regard to both of your futures is a way to work out all of the kinks that usually happen later on in a marriage. Having clear and concise agreements can save you from future fights.
At Higdon, Hardy & Zuflacht, L.L.P., our lawyers have helped many couples in the San Antonio area create and review pre- and postnuptial agreements. We understand that you want to approach this topic with as much love and trust as possible, and we are dedicated to helping our clients find resolutions that leave both partners happy, satisfied, and still in love. Contact us today at (210) 349-9933 to learn more about how we can assist you.
Why You Need a Lawyer
Navigating the creation of a pre- or post-nuptial agreement with someone you love can be a daunting task. You may be afraid the topic might start an argument with your significant other. However, there are misconceptions about prenuptial and postnuptial agreements. Creating a contract of financial expectations between spouses is perfectly normal, and a lawyer can help the process go as smoothly as possible. A lawyer considers what each side wants their agreement to contain and ensures that everyone is respected throughout the duration of the process.
Additionally, every state lays out its own guidelines for how property should be split after a divorce. You should consult with a lawyer to see if you agree with these guidelines and would be willing to follow them yourself. If you and your fiancé or spouse would prefer to outline something different, this can best be accomplished with a pre- or postnuptial agreement, which you should hire a lawyer to help you draft. Lawyers are especially important for ensuring your agreement is comprehensive, clear, and legally-binding – if not, it may end up being useless down the road.
Why Choose Higdon, Hardy & Zuflacht, L.L.P.?
Here at Higdon, Hardy & Zuflacht, L.L.P., we care deeply about our clients. Family law is a personal area of the law, and we strive to ensure everyone leaves our practice satisfied with their outcome, especially when it comes to drafting pre- and postnuptial agreements. These contracts should serve as one of the many pillars that lead to a strong and sturdy marriage, and we are dedicated to giving both parties exactly what they need to make that happen. As family practice attorneys, we have extensive experience drafting these kinds of contracts, and we are trained to serve as mediators to make sure this is a comfortable experience for you and your fiancé or spouse rather than a contentious one.
Many of the attorneys here have been practicing for over two decades and have received countless awards and recognition for their work in family law. Charles Hardy, one of the firm’s founders, was named a Super Lawyer by Texas Monthly Magazine for ten years in a row. Additionally, he was honored as Texas Pro Bono Lawyer of the Year by the American Bar Association Journal for his Pro Bono work through the Community Justice Program, which he has participated in since 2005. Harold C. Zuflacht, another founder and partner at Higdon, Hardy & Zuflacht, L.L.P. was first certified in the area of family law as a specialization in 1997. He has been published multiple times and continues to teach classes and seminars on topics related to family law. In fact, every lawyer at our firm is board-certified in Family Law, a distinction less than 1% of Texas lawyers can boast.
We pride ourselves on being approachable and accessible, and on the off chance that we do not pick up your call right away, we will return your call on the same day. Some of the attorneys here even provide clients with their mobile and home phone numbers. We care so much about our clients that we not only allow them to call us when we are away from the office, but we encourage it in the case of burning questions. These are best practices for family lawyers, and it’s what we aim to do every single day. We understand how personal these matters can be and how essential these contracts are to the establishment of a lifelong partnership, so we never want your questions to go unanswered.
Reasons to Consider a Pre- or Postnuptial Agreement
In a prenuptial agreement, partners agree on terms surrounding financial and legal issues before getting married. Aspects of a prenuptial agreement can include marital and separate assets, division of assets, spousal support, and outstanding debt. This agreement can also cover what would happen in the event that one of the partners dies. The creation of a prenuptial agreement requires full disclosure of all assets by each partner before they can sign. There are several reasons a person might create a prenuptial agreement before getting married, including:
- You are bringing significant assets into the marriage
- It is your second marriage
- You have children from another relationship
- Your partner has a high amount of debt
- You own part of a business
Additionally, prenuptial agreements are for everyone, not just for wealthy couples. Essentially, a prenup is a method of financial planning for your collective future, which means they can also be useful for couples who don’t have a lot of money now but plan on growing their assets or even for those who live paycheck to paycheck and might continue to live that way for the duration of their marriage. Regardless of your situation, having a prenuptial agreement is smart. It protects the assets you bring into your marriage and will help you prevent fighting in the future if things were to unravel, but it does not in any way raise your chances of divorce. It simply means that you want to begin your lives together as responsibly as possible.
A postnuptial agreement occurs after the marriage. Postnuptial agreements have become more popular in recent years and many couples are using them as a way to solve financial quarrels within their marriage. Postnuptial agreements cover everything a prenuptial can, but often also include a budget for household expenses and other daily finances that may cause turmoil in a relationship. A knowledgeable family law attorney can guide you through either kind of agreement and make sure you are getting a deal that will satisfy both partners.
Both pre- and postnuptial agreements should be tailored to you as a couple. These specifics can help decide how you will split your monetary assets and properties in the instance of a divorce or even who will get custody of a pet if you were to split up. A pre- or postnuptial agreement can even give instructions on what should happen with your property if one of you were to pass away, or it can specify an agreed-upon time when you will both retire.
Contact a San Antonio Family Law Attorney
If you and your partner are interested in creating a prenup or postnup agreement, contact an experienced San Antonio attorney to guide you through the process. We will be there for you every step of the way, from creating the agreement to reviewing and negotiating solutions that will be fair to both partners. Contact our San Antonio office today at (210) 349-9933 to learn more about our team and how we can help you draft a pre- or postnuptial agreement that benefits you as a couple.