Legal Question in Family Law in Texas

Hi,

I am interested in filing a postnuptial agreement with my wife. We have been married since last 10 years. We have 2 kids. We don't have problem signing the postnuptial agreement without any restrictions. I live in Texas and I want to do it myself. Can I use an online form to file it myself? And is the postnuptial agreement after marriage is secured enough to protect mu future potential assets?

Thank you

Raymond Sullivan


Asked on 8/30/10, 3:04 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Generally, one of the requirements is that you both have legal counsel to make sure that you both understand what you are signing. Otherwise, if you divorce at a later date, the other spouse can claim "duress" or that they did not understand what they were signing. Then it is the judge's sole discretion if the postnuptial agreement is valid or thrown out.

Beware of on-line forms sold by companies NOT located in Texas. The forms sold in CA, CO, FL, NY and WA that I've personally seen do NOT comply with TX laws.

The State Bar of Texas (the group that represents attorneys within the State of Texas) has chosen so far to ignore these companies since they are not Texas companies and the attorneys are not Texas attorneys. The State Bar of Texas current policy has been buyer beware. Unfortunately, the consumer is the one wasting their money.

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Answered on 9/04/10, 8:12 pm


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