Marital Property Division Prenuptials/Postnuptials

Whether you are looking for a prenuptial agreement (sometimes called a “prenup”) or an agreement with your spouse to divide the property during marriage (sometimes called a postnuptial agreement or a partition or exchange), we want to help you be prepared in case of a divorce.

In Texas, if there is no valid marital property agreement otherwise, any money you earn working becomes “community property,” and your spouse will likely be able to get a substantial portion of it in a divorce. Even without a divorce, if your spouse dies, some of your spouse’s relatives may be able to inherit a substantial portion of the money you earned from your own personal work. For this reason, it is extremely important to have an agreement in place as to what will happen to the community property when the marriage is dissolved by either divorce or death.

For prenuptial and postnuptial agreements to be valid, certain legal requirements must be met. Simply signing an agreement stating that the property will be divided a certain way will not likely be enough to stand up in a divorce or another proceeding.

Marriages are dissolved either by divorce or by death. In either divorce or death, you could lose a substantial amount of your money or property if you have not adequately prepared for it. A prenuptial or postnuptial agreement can help keep the certainty that even if your spouse leaves you or dies, you will still own pre-determined assets or the rights to your own income. If you want to keep your pension, your retirement account, your home or any other asset you own, it is important to plan adequately by utilizing a property agreement with your spouse or soon-to-be spouse.

Prenuptial agreements and other marital property division agreements require that both husband and wife (or soon-to-be husband and wife) agree voluntarily to all terms. If you are unable to come to an agreement, then a marital property agreement will not be able to solve the problem. Call us to see what options you have.

Our Fees
Marital property division is a complex area of law. The Law Office of Gregory Wilder, PLLC offers flat attorney’s fees for most family-law related services. Typical flat fees are as follows:

  • $1,250 - Prenuptial/Postnuptial Agreements (more if your case is extremely complex). Prenuptial agreements, marital property divisions, partition and exchange agreements, etc.
  • $4,000-$8,750 - Adoption (more if your case is extremely complex; you are responsible for costs).
  • $2,000 - Uncontested Divorce (you are responsible for costs). Both parties must agree on everything.
  • $4,500-$10,000 - Contested Divorce (more if your case is extremely complex; you are responsible for costs).
  • $3,750 - Child Custody Modification (you are responsible for costs).
  • $2,000 - Uncontested Child Custody Modification (you are responsible for costs). Both parties must agree on everything.
  • $2,500 - Child Support Modification (you are responsible for costs).
  • $950 - Divorce Document Preparation (you are responsible for costs). This includes no representation beyond the initial consultation, drafting and providing you with customized paperwork to file with the court, and an in-depth session discussing the general process.
Why choose the Law Office of Gregory Wilder, PLLC:
The Law Office of Gregory Wilder, PLLC offers flat fees or contingent fees for most legal matters so you know exactly what you will be spending in legal fees even before you hire an attorney. The Law Office of Gregory Wilder, PLLC also offers very reasonable hourly rates if that is what you prefer. The Law Office of Gregory Wilder, PLLC is willing to cap fees or to mix fee arrangements in order to represent you.

If you hire the Law Office of Gregory Wilder, PLLC on an hourly basis, there will usually be no charge for phone calls to you or from you (although we do bill for emails, letters, texts, etc). Phone calls are, of course, included in flat fee representation. However, if you hire us on a contingency basis, and the contingency percentages on recovery do not apply, for whatever reason, you will be charged for all phone calls.

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