A postnuptial agreement is a legal contract between spouses that outlines how specific financial and property matters will be handled in the event of divorce or death. Unlike a prenuptial agreement, which is signed before marriage, a postnup is created during the marriage and becomes effective once signed.
Whether you’re looking to clarify financial responsibilities, protect separate assets, or ensure fair division of community property, working with a knowledgeable Fort Worth postnuptial agreement lawyer can give both spouses greater peace of mind.
To be enforceable in Texas, a postnuptial agreement must meet specific legal criteria:
Texas courts—especially in Tarrant County—are more likely to uphold postnups when both parties had independent legal representation during the drafting process. That’s why having a dedicated postnuptial agreement lawyer on your side is essential.
Postnuptial agreements are flexible tools that can address a wide range of financial and property-related matters, such as:
Each postnup is unique to the couple’s circumstances and intentions. The goal is to create clarity, reduce future disputes, and promote financial transparency within the marriage.
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
There are many reasons couples may decide to formalize a postnup, even years into a marriage:
A well-crafted postnup doesn’t signal the end of a relationship—it can actually help protect it.
While postnuptial agreements offer flexibility, there are two key areas where the law limits their scope:
Texas law requires that child support follow statewide guidelines. A postnup may only address this if the terms exceed the legal minimums. Any agreement that attempts to limit support obligations may be invalidated.
Child custody decisions must be based on the child’s best interests at the time of the divorce. Courts will not enforce custody arrangements outlined in a postnuptial agreement, as they cannot predict future circumstances.
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Having only one spouse represented by an attorney—or none at all—can raise concerns about fairness and may lead to challenges in court. To ensure that your agreement is enforceable, both parties should be advised by their own legal counsel.
A qualified Fort Worth postnuptial agreement attorney can explain the long-term financial implications of the contract, protect your rights, and ensure that you’re entering the agreement on equal footing.
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
A postnuptial agreement is not about expecting failure—it’s about creating security. At Mims Ballew Hollingsworth, our experienced team helps clients draft clear, enforceable postnups that protect assets, reduce stress, and support long-term stability.
If you’re considering a postnup or have questions about an existing agreement, contact our Fort Worth postnuptial agreement lawyers today for trusted legal guidance tailored to your needs.
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
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A prenuptial agreement is signed before marriage and takes effect when the couple marries. A postnuptial agreement is signed after marriage and takes effect immediately. Both serve similar purposes in defining financial rights and obligations.
Yes, Texas courts uphold postnuptial agreements as long as they meet legal requirements: they must be in writing, signed voluntarily, involve full financial disclosure (or written waiver), and be fair and conscionable.
While not required by law, it’s highly recommended. Courts are more likely to enforce a postnup if both parties were independently represented, which helps prove the agreement was entered freely and fairly.
No. Texas law prohibits parents from deciding future child custody or support terms through a postnup. These issues must be determined based on the child’s best interests at the time of divorce.
Yes, postnuptial agreements can be amended or revoked at any time—as long as both spouses agree in writing and follow proper legal procedures.
If it was properly drafted, signed voluntarily, and meets all legal standards, a postnuptial agreement is likely to be upheld. However, courts may strike down terms that are grossly unfair or created under duress.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
