Premarital & Postnuptial Agreements

Protecting Your Property with Prenuptial and Postnuptial Agreements

Premarital and postnuptial partition agreements can be very effective in ensuring a party’s property interests are protected in the event of a divorce or death. Such agreements allow parties to create a contract that makes a predetermination of the terms of a future divorce, including property rights and spousal maintenance.

These agreements provide clarity and peace of mind by reducing uncertainty and minimizing conflict should a marriage end. They can be particularly valuable when one or both parties enter the marriage with significant assets, business interests, or children from a previous relationship. By setting expectations in advance, couples can avoid costly litigation, preserve family wealth, and approach their relationship with mutual understanding and transparency.

A marital agreement is not about expecting the worst. It is about being clear, protecting what you have built, and starting your marriage with a shared understanding of your finances. The attorneys at Bollier Ciccone Stinson LLP draft and review prenuptial and postnuptial agreements for Austin couples who want certainty and peace of mind.

Done correctly, these agreements are fully enforceable in Texas. Done poorly, they can be challenged and thrown out. The difference comes down to careful drafting, full disclosure, and proper legal procedure, which is exactly what we provide.

Prenuptial Agreements

A prenuptial agreement, often called a prenup or premarital agreement, is signed before marriage. It can define what stays separate property, how income and assets will be treated, and what happens in the event of divorce or death. A prenup is especially worth considering when one or both partners:

  • Own a business or professional practice
  • Have significant separate property or expected inheritance
  • Are entering a second marriage or have children from a prior relationship
  • Have substantial debts or want to keep finances separate

Postnuptial Agreements

A postnuptial agreement does the same work as a prenup, but it is signed after the couple is already married. Couples use postnuptial agreements to clarify their finances after a change in circumstances, such as starting a business, receiving an inheritance, or simply deciding they want a clear plan in place.

Why Proper Drafting Is Critical

If not properly drafted, these agreements will not withstand claims against their validity and enforceability. Bollier Ciccone Stinson LLP’s team of family law experts will ensure that your premarital and postnuptial agreements are properly drafted and, most importantly, ultimately enforceable. These agreements can also save thousands of dollars in future attorneys’ fees by anticipating such issues upfront.

Prenuptial and postnuptial partition agreements can address many issues in the event of a divorce, including:

  • Payment of attorneys’ fees in a divorce

  • Duties and obligations of one or both spouses during the marriage
  • Ownership and characterization of property
  • Rights and obligations regarding marital property
  • Division or disposition of property in the event of death or divorce
  • Spousal support or contractual alimony
  • Tax and estate planning issues

What Makes an Agreement Enforceable in Texas

Texas courts will enforce a marital agreement, but only if it is done right. To hold up, an agreement generally needs:

  • Full and fair disclosure of each party’s assets and debts
  • A voluntary signing, free of pressure or coercion
  • Clear, properly drafted terms in writing
  • Independent review, so each partner understands what they are signing

Our attorneys handle each of these requirements so your agreement protects you when it matters.

Premarital & Postnuptial Agreements Legal Team

  • Leslie J. Bollier

    Leslie J. Bollier

    Partner

  • Susannah A. Stinson

    Susannah A. Stinson

    Partner

  • Alyse Munrose

    Alyse Munrose

    Attorney

  • Ethan Scroggins

    Ethan Scroggins

    Attorney

How Our Family Law and Divorce Attorneys Can Help

DIVORCE

Comprehensive divorce representation tailored to your needs—from strategic negotiation to high-stakes litigation.

Complex Property Division & Valuation

Expert legal support for complex property division, asset protection, and high-value divorce matters.

Child Custody

Compassionate, strategic guidance through all child custody matters—including support, relocation, paternity, and visitation rights.

High-Asset Divorce

Strategic representation for complex, high-net-worth divorce in Austin, including business ownership, executive compensation, property, investments, and significant asset division.

Family Violence & Protective Orders

Experienced advocates who act swiftly to protect you and your family from domestic violence through legal action and compassionate support.

Modifications & Enforcements

Responsive legal support to help families adapt to change and ensure court orders reflect current realities.

Alternative Dispute Resolution

Creative, client-focused solutions through mediation, collaborative law, and arbitration—resolving family disputes efficiently and privately.

Premarital & Postnuptial Agreements

We draft enforceable premarital and postnuptial agreements that protect your assets and minimize future legal costs.

CONTACT OUR PRENUP & POSTNUP ATTORNEYS

If you’re considering a prenuptial or postnuptial agreement, we’re here to help. Contact us today to learn how our experienced family law attorneys can draft a legally sound agreement that protects your interests and provides peace of mind.

CLIENT TESTIMONIALS

“There are attorneys who simply collect a paycheck and then there are attorneys who are determined to win. Susannah and her team are a force to be reckoned with as they provide an attentive, honest and dedicated approach to the cases they handle. Both kept me calm, informed and encouraged me to take the high road when at times it was extremely difficult. In the end, their brilliance, tactical foresight, and professionalism allowed me to come to an agreement with my spouse through mediation when I was convinced that the outcome would be entirely different. I would recommend no other as they exceeded my expectations.”

CLIENT OF SUSANNAH A. STINSON

“We have worked with Tony Ciccone for several years. He has assisted us with corporate matters and collections. Tony is always responsive, creative, helpful and knowledgeable. He is the very best at collecting money. He is professional and courteous but as persistent as a pit bull. He knows the law and is very creative at finding solutions. I have personally recommended Tony to several people and have complete confidence that no one is better than Tony.”

CLIENT OF TONY CICCONE

“Leslie Bollier is simply the best divorce/child custody/family lawyer out there, in all of Austin, in all of Travis County. She and her team are the most dedicated team of legal professionals I have ever come across. I strongly recommend her to any parent fighting for justice, parenthood, truth, moral values, and principles.”

CLIENT OF LESLIE J. BOLLIER

“Susannah was a fantastic attorney and resource for me during a very tough time in my life. She explained my rights, helped me navigate through the system, and ultimately helped me to reach a settlement that I was comfortable with. For anyone going through a divorce, I would highly recommend that you talk to Susannah. I hope to never go through this again, but if I have to, my first and only call will be to her.”

CLIENT OF SUSANNAH A. STINSON

“Susannah Stinson and assistant Becky were very prompt and professional in handling my case. They were sensitive to the issues at hand and actually cared about me and my kids.”

CLIENT OF SUSANNAH A. STINSON

“Leslie and her team are very much my go-to, very professional, and getting straight to business to make sure they take care of their clients. Although I’ve had not-so-great experiences with other attorneys, I was left speechless seeing how much of a priority I was to them and I highly recommend Leslie and her team.”

CLIENT OF LESLIE J. BOLLIER

“This is the most aggressive law firm I’ve ever used in business. Tony Ciccone has the confidence of knowing construction law better than anyone else I’ve worked with. He is professional, direct, and tactful; however, he makes a solid, valid point with every response that leaves the opposition with no possible rebuttal. They are diligent, efficient, and follow through with every detail. They have handled numerous cases for me over the years and have never failed to get the highest level of results possible. They truly are THE BEST anywhere!”

CLIENT OF TONY CICCONE

“Mr. Ciccone came highly recommended by numerous people and rightfully so, he was outstanding! Tony was very professional throughout the entire process and guided us through a very difficult time. His knowledge and understanding of the law was quite impressive which ended our case with a favorable settlement. Thank you so much!”

CLIENT OF TONY CICCONE

“I am a working father of 3 kids, one of them with special needs. Going into the divorce I knew I needed a strong attorney. Leslie was the perfect fit. She was supportive, tough, and always prepared. My divorce ended up going to trial and Leslie helped me win primary custody of my children over a stay at home mother! Leslie had thought through my ex-spouse’s arguments and defenses and prepared me for those situations. We were always in control in the court room and it is due to Leslie Bollier being completely prepared (and the best divorce attorney!). Anyone needing or looking for excellent representation should hire Leslie.”

CLIENT OF LESLIE J. BOLLIER

“I contacted Leslie Bollier when I had questions about revising custody and child support. I made many mistakes with a different lawyer 8 years ago. Leslie made me very comfortable, safe, and sure with the process. It can be a crazy emotional ride but I would do it all over again for the outcome I have today. Leslie and the team were very professional and efficient. I personally needed the confidence to go through the process and Leslie gave me the confidence and I absolutely know that I would be stuck in my old miserable situation if it wasn’t for her. I am thankful and grateful and will refer everyone I know to her.”

CLIENT OF LESLIE J. BOLLIER

Frequently Asked Questions

Yes. Texas enforces prenuptial agreements under the Texas Family Code, as long as the agreement was signed voluntarily, with fair disclosure of assets, and is not unconscionable. Proper drafting is essential to enforceability.

A prenup can address division of property and debts, how income and assets are characterized during the marriage, spousal maintenance, and estate matters. It cannot decide child custody or child support, which are set by the court based on the child’s best interest.

Yes. That is called a postnuptial agreement. It works much like a prenup but is signed during the marriage, and Texas enforces it under similar standards.

It is strongly recommended. Independent legal review for each partner helps show the agreement was entered voluntarily and with full understanding, which makes it far harder to challenge later.

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.