Getting married doesn’t mean you automatically know everything about your spouse’s finances. That might surprise you, but it’s true. When you’re creating a postnuptial agreement in Texas, though, financial transparency becomes a legal requirement, not just a good idea.
Why Full Disclosure Matters
Texas law treats postnuptial agreements differently from regular contracts. Courts scrutinize these agreements closely. Why? Because they involve spouses who have a duty to deal fairly with each other. If one spouse hides assets or debts, the entire agreement can be thrown out. The standard is simple. Both parties must provide complete and accurate information about their financial situation before signing. This includes assets, debts, income, and financial obligations. No exceptions.
What You Need To Disclose
Financial disclosure in a postnup covers more than just your bank account balance. Texas courts expect comprehensive information about your financial life, and they aren’t kidding around. You should reveal:
- Bank accounts, investment accounts, and retirement funds
- Real estate holdings and property values
- Business interests and ownership stakes
- Debts, loans, and credit card balances
- Pending inheritances or trust interests
- Income from all sources
Leaving out even one significant asset can give your spouse grounds to challenge the agreement later. It doesn’t matter if you forgot or deliberately hid it. A Fort Worth postnup lawyer can help you prepare a complete financial disclosure statement that covers everything.
The Consequences Of Hiding Information
Concealing financial information doesn’t just make your postnup vulnerable. It can also create trust issues that damage your marriage further. When a spouse discovers hidden assets after signing a postnup, they can ask the court to invalidate the entire agreement. The court may also look unfavorably on the spouse who concealed information, which can affect other legal proceedings. Nobody wins in that scenario.
How Disclosure Protects Both Spouses
Financial transparency benefits everyone involved. The spouse receiving information can make an informed decision about whether the agreement is fair. The spouse providing information creates a stronger, more enforceable document. It’s actually that straightforward. Courts are more likely to uphold postnups when both parties had access to complete financial information. This protects the agreement from future challenges during divorce proceedings.
Documentation Requirements
Verbal statements about your finances aren’t enough. Not even close. Texas courts want to see written documentation that proves disclosure occurred. Most attorneys recommend attaching financial statements to the postnup itself. Bank statements work. So do tax returns, property appraisals, and business valuations. All of these documents help establish that proper disclosure took place. You can’t just tell your spouse what you own and call it a day.
Different Standards Than Prenups
Some couples assume postnups work exactly like prenuptial agreements. They don’t. Texas law applies different rules to agreements made during marriage, and understanding this distinction matters. Courts recognize that married spouses have confidential relationships with each other. This creates a higher duty of honesty and transparency. You owe your spouse more when you’re already married than you did when you were engaged. A Fort Worth postnup lawyer understands these distinctions and can guide you through the process without missing anything important.
When Circumstances Change
Financial situations change over time. The disclosure that was accurate when you signed your postnup may become outdated years later. Maybe you inherited property. Started a business. Sold real estate. Life happens. If you want to modify your agreement, you’ll need to provide updated financial information. The same transparency requirements apply to amendments and modifications. There’s no shortcut here.
Getting Professional Guidance
Creating a valid postnuptial agreement requires more than just honesty between spouses. You need proper legal documentation and compliance with Texas disclosure requirements. You also need someone who’s done this before and knows what courts will accept. Brandy Austin Law Firm helps couples understand their disclosure obligations and prepare enforceable postnuptial agreements. Financial transparency protects your agreement and gives both spouses confidence that they’re making informed decisions about their future.