In this episode of Behind The Case, Attorney Tyler Monahan from Turner Monahan PLLC dives into the essential topic of prenuptial and postnuptial agreements. These agreements are more than just legal documents—they’re tools for clarity and planning. Tyler explains how they help couples define financial expectations and avoid misunderstandings about property, assets, and debts.
“Prenups aren’t about predicting divorce,” Tyler shares. “They’re about creating a plan that works for both parties.”
Tyler outlines the differences between the two types of agreements. A prenuptial agreement is crafted before marriage, allowing couples to set terms for separate and community property. Postnuptial agreements, created after marriage, can redefine existing arrangements to reflect new circumstances. He highlights how trends like ratifying prenups post-marriage are becoming increasingly popular.
This episode also touches on enforceability—what makes these agreements hold up in court. Tyler stresses the importance of following the Texas Family Code and the need for precise language to reduce future disputes. Whether it’s managing assets like real estate or addressing debts like student loans, Tyler offers insights into crafting agreements tailored to individual needs.
Tyler also dives into real-life examples, sharing how a well-drafted agreement can prevent disputes down the road. He notes that while challenges may arise, clear communication and precise drafting are the keys to making these agreements work seamlessly.
Key discussions in this episode:
(5:38) What are prenuptial and postnuptial agreements
(7:08) How couples decide what stays separate
(8:14) Why more couples are ratifying their contracts
(10:20) What to include in your prenuptial agreement
(11:52) The do’s and don’ts of prenuptial contracts
(12:23) Can debt, like student loans, be included
(12:54) The keys to creating an enforceable prenup
(14:43) Can terms be changed after marriage
(16:17) What prenups say about custody and support
(16:45) Does death impact the terms
(17:20) Do agreements impact more than just the couple
(18:12) The hurdles couples face during the drafting process
(19:19) The process attorneys use to build agreements
(20:25) The right moment to begin preparing terms
(21:15) The most common concern about legal terms
If you’re curious about how these agreements can protect your financial future, don’t miss this episode. Tune in to hear how Turner Monahan PLLC helps couples navigate this vital part of family law.
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Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.