Postnuptial Agreements – A Document with a Purpose

by Jennifer Hargrave - Dallas Divorce Attorney | May 19, 2025

Most people have probably heard of prenuptial agreements, but what can you do to protect your assets when you’re already married? If you want to set clear financial boundaries, protect separate property, carve out inheritances, or simply bring more peace of mind into your relationship, what can you do?

Enter your perfect solution, the postnuptial agreement.

A postnuptial agreement (sometimes called a “postnup”) is a powerful legal tool for couples who are already married and want to proactively protect their wealth, clarify financial responsibilities, and set clear expectations to avoid future misunderstandings. This can be done and accomplished without undoing the loving foundation of the marriage.

A postnup is a legal and binding contract signed after marriage that outlines how a couple’s assets, debts, income, and property will be managed both during the marriage and divided in the event of either divorce or death. Think of it as a financial roadmap that both of you create together to reduce future conflict and uncertainty. This does not necessarily mean you expect to get a divorce – this agreement also protects you and your partner in the event of anything unexpected that may happen during the marriage, including death and illness. Postnuptial agreements can reflect the reality of your evolving relationship, lifestyle, and financial status.

In the Dallas metroplex, where families often have growing financial estates, business interests, and inherited wealth, postnuptial agreements are becoming more common – and more necessary. These agreements are an excellent tool for married couples to set clear expectations and to empower them to grow in financial safety together.

Why Couples in North Dallas Are Choosing Postnuptial Agreements

Here’s the truth: postnuptial agreements aren’t just for people in troubled marriages or for the uber-wealthy. In fact, many of our clients at Hargrave Family Law are in fully committed, loving partnerships – and they’re using these agreements to create security and transparency together.

Common reasons to consider a postnuptial agreement:

Business Growth: One spouse started a business prior to marriage and expands it business during the marriage; they’d like to clarify ownership or protect future income and the business itself. Business owners rely on the stability of their business and a postnuptial agreement can clarify revenue streams as well as ensure that employees are protected, allowing the legacy of what they’ve built will continue in a healthy manner.
Inheritance or Gift: Significant family wealth or valuable property is inherited by one spouse, and they desire to ensure it remains their separate property so they can control its disposition.
Debt Concerns: One spouse takes on significant debt or liabilities, and they want the other spouse to be protected from future liability.
Stay-at-Home Spouse: The spouse stepping back from their career wants assurance of financial stability if illness strikes or the marriage ends. Stepping into the role of nurturing your family is an act of love and a significant contribution on its own. Giving the spouse who is taking a step back from their career financial assurance can help them feel appreciated as a valuable partner in the marriage.
Rebuilding Relationship Trust: Occasionally after infidelity or financial mismanagement, some couples use a postnuptial agreement to rebuild the relationship based on full disclosure with clear expectations, helping them to rebuild newfound trust.

What Can a Postnuptial Agreement Cover in Texas?

Under our Texas law, postnuptial agreements are binding and enforceable if they are entered into voluntarily, without duress, with full disclose all relevant information, and aren’t unconscionable (grossly unfair).

A well-drafted postnuptial agreement will address:

Division of community/marital property
Identification of separate property
Clarification of rights to future income streams
Business ownership terms, rights and allocations
Real estate ownership and disposition
Inheritance planning and estate protection
Debt allocation and liabilities
Spousal support arrangements in the event of illness or divorce
Rights to retirement funds and investment portfolios

NOTE: In Texas, a prenup cannot include terms related to child custody or child support, as those decisions must always be made by Court Order at the time of divorce according to what is in the best interest of the child.

How Can a Postnuptial Agreement Strengthen Your Marriage?

Despite most people’s first thoughts, postnuptial agreements aren’t just about “planning for divorce” – they’re about being intentional with the financial piece of your marriage pie.

Promotes transparency about finances, expectations, and goals
Reduces future stress or resentment, especially around money
Allows for flexibility as life circumstances change
Ensures your inheritance wishes are followed, creating peace of mind
Creates clear expectations, knowing you’ve made decisions together

In many cases, our clients have found that having some difficult conversations now can lead to a more open, trusting, and stable relationship long-term.

What to Expect When Creating a Postnuptial Agreement

Both spouses must fully disclose all assets and liabilities to each other in the agreement
Each party should have their own attorney to ensure they are educated about their rights and options
The prenup should be tailored to the couple’s unique needs – cookie-cutter agreements don’t accomplish the desired objective or hold up well if they must be enforced
The agreement must be in writing and be signed voluntarily, without duress

At Hargrave Family Law, our team works with couples throughout North Dallas and the surrounding metroplex to create postnuptial agreements that are not only legally sound but aligned with our client’s values and vision for their future.

If your financial landscape has shifted dramatically since you said, “I do,” or if you merely want to bring clarity and structure to your shared life together, a postnuptial agreement could be the right next step for you as a couple.

Whether you live in University Park, Plano, Frisco, Mckinney or anywhere in the Dallas metroplex, we are here to help you build the kind of solid financial partnership that brings peace — not pressure.

At Hargrave Family Law, our team stays ahead of the curve for our clients because their financial future depends on it.

Schedule your Complimentary Case Evaluation today with Dallas’s Compassionate Divorce Attorneys.

Ready to secure your financial future?

Compassionate Dallas Divorce Attorney, Jennifer Hargrave

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Hargrave Family Law – Compassionate Dallas Divorce Lawyers

Hargrave Family Law was founded by Dallas divorce lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you during this challenging life transition in a way that helps you protect what matters most. Reach out to our team of compassionate Dallas divorce lawyers at Hargrave Family Law for the support you need to navigate divorce and other family law matters. We offer a complimentary case evaluation to start your journey with us. Together, we will work towards safeguarding the happiness and well-being of your family, allowing you to write your next chapter with hope.