Divorce is never an easy or pretty process, but it becomes more difficult and uglier when spouses fight in any way they can. Even those who have always treated their spouse with respect can start to behave in an uncharacteristically aggressive manner during divorce, as the very process seems to bring out the worst in many people.
Rather than laying future hopes on your ability to set your emotions aside during a difficult transition and work with your ex when you no longer want to see each other, you can take action to protect yourself from a difficult divorce by signing a marital agreement.
What are the 2 primary kinds of marital agreement?
Agreements between spouses usually fall neatly into one of two categories. They will either be prenuptial agreements drafted and signed before the couple formerly married or they will be postnuptial documents that a couple signed during their marriage.
Family court judges in Texas will uphold prenuptial and postnuptial agreements, provided that they meet certain basic legal requirements and that there are not valid grounds for either spouse to challenge the document.
How marital agreements work during a divorce
When you don’t have an agreement with your ex about what you’re going to do with your property or how you will handle shared custody, the only solution is for you to litigate and let a judge make those final decisions. Couples can spend many days and thousands of dollars fighting over the details of their divorce.
Prenuptial or postnuptial agreements include explicit instructions for the division of property and other concerns the couple may have. Some couples arrange for shared custody in a marital agreement. Others establish spousal support requirements.
The terms set in the marital agreement will guide the paperwork they file. The couple can pursue an uncontested divorce that is faster and more affordable by asking the courts to simply approve their divorce and uphold the terms in the marital agreement.
Drafting marital agreements or moving forward with a divorce when you have such an agreement in place can make the process less traumatic for everyone in your family.