Prenuptial and Postnuptial Agreements

A great deal of costly and contentious divorce litigation can be avoided when couples enter into prenuptial agreements (before) or post-marital agreements (after marriage).

Prenuptial and postnuptial agreements are important tools that allow couples to define specific financial issues involved in a marriage or in the event of separation or divorce. In a community property state like Texas, these

agreements are especially important in classifying community and separate property assets and debts.

Today's blended families often bring with them adult children and dependent parents. Financial contributions to either can complicate a divorce action. At the Law Offices of Jerri Hardaway, we have extensive experience helping clients protect their property and financial interests through well-drafted prenuptial and postnuptial agreements. Our firm has also helped clients contest the validity of improperly executed prenuptial or postnuptial agreements during the divorce process.

We know the ins-and-outs of family law, particularly as they relate to premarital and postmarital agreements and the division of complex property.

Prenuptial Agreements(before marriage) may be helpful in:

  • Addressing division of property

  • Protecting valuable separate property assets

  • Preserving financial estates brought into the marriage

  • Maintaining separate business ownership

  • Preventing Costly and time-consuming litigation in the event of divorce

  • Preventing potential financial issues during the marriage by establishing clear expectations

  • Establishing responsibilities of separate or community debts


Post-Marital Agreement (after marriage) may be helpful in:

  • Conversion of the character of a marital property

  • Division of property: For example- what property is held jointly and/or individually?

  • Family businesses: Roles, responsibilities, assets and division of property

  • Responsibility of separate or community debts

  • Death of one of the spouses

  • Alimony or spousal support in the event of divorce

  • Separation or the breakup of the marriage

  • Potential tax liabilities

Preparing for a prenuptial or postnuptial agreement can be a good opportunity for couples to assess separate and community property, unique assets, debt, spending habits and the overall financial big picture of their relationship. A

postmarital or postnuptial agreement (in Texas called Partition or Exchange of Marital Property) can convert the character of marital properties from community property into separate property of a spouse, or vice versa.

As a Houston family law attorney, it is my responsibility to ensure that the agreements I negotiate on my clients' behalf pass legal muster. I have also successfully represented individuals with existing marital agreements who were seeking to invalidate the agreement or have it enforced in court during divorce proceedings.


Having represented both sides of these notoriously contentious disputes, I come to the table ready with a game plan to uphold my clients' most vital financial interests at the end of a marriage.


Call the Law Office of Jerri Hardaway 713-955-2248 to schedule an initial consultation.