Common Law Prenup Postnup

Common-Law Issues

Common-law marriage and divorce in the state of Texas involve issues such as establishing a valid common law marriage, common-law marriage agreements, child support and custody laws, and division of property.

Certain criteria must be met in order for a common-law marriage to be recognized as valid by the state of Texas.  Once these criteria have been established, the same legal treatment is given as that of traditionally married couples.

Our Attorneys and staff are experienced in both traditional and common law dissolutions and can answer your questions on the subject. You can also learn more on our Frequently Asked Questions page.

Pre-Nuptial, Post-Nuptial, and Other Agreements

A prenuptial agreement is a contract between marrying parties that prevents the creation of community property. There is no 50% rule in Texas regarding community property. Division can be 60/40, or 80/20, or any other percentage at the discretion of the court.  A prenuptial agreement allows both parties to claim their property separate; the court cannot then dictate the division of the property should a divorce occur.

A postnuptial agreement also called a “Partition and Exchange Agreement”, is created after the date of marriage and allows the spouses to divide community property per agreement in the case of a divorce. A postnuptial agreement does not require the Court’s approval, but must be written in the proper language.

In the reverse, spouses may want to forge an agreement that converts the separate property into community property.

The Attorneys and staff at Tessmer Law Firm, PLLC are knowledgeable of such agreements and can assist Clients in drafting and executing them properly.