Can married couples create a postnuptial agreement at any time?

Spouses may enter into a postnuptial agreement after marriage, but the timing and surrounding circumstances can matter. Each spouse should have enough time to review the agreement, consider the financial information provided, ask questions, and decide voluntarily whether to sign.

Is a postnuptial agreement the same as a prenuptial agreement?

The two agreements can address similar financial subjects, but they are signed at different times. A prenuptial agreement is signed before marriage and generally becomes effective when the couple marries. A postnuptial agreement is signed after the marriage has begun.

Does requesting a postnuptial agreement mean a spouse expects a divorce?

Not necessarily. Couples may consider an agreement after starting a business, receiving an inheritance, assuming debt, changing family roles, reconciling after conflict, or clarifying existing property arrangements. Its purpose depends on the couple’s circumstances and the terms under discussion.

Can one attorney advise both spouses about the agreement?

Spouses may have different or competing legal interests. An attorney representing one spouse generally cannot give the other spouse independent advice about how the agreement affects that person’s rights. Separate counsel helps each spouse evaluate the agreement from an independent perspective.

Can a postnuptial agreement decide child custody or child support?

A marital property agreement cannot require a court to approve a future custody or support arrangement that does not comply with Texas law. Courts address conservatorship, possession, access, and child support under the legal standards that apply when those issues are presented.

Can spouses change or cancel a Texas postnuptial agreement?

Yes, at any time, and you do not need a judge's permission. What you need is a second written agreement signed by both spouses. Nothing less works. A verbal understanding does not undo a postnup, and neither does years of handling money as though it did not exist. The agreement stays in force until both spouses sign something that replaces it.

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