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A new avenue for couples to determine pet custody

In previous posts, we have documented occurrences of pet custody disputes when a couple decides to part ways for good. In most courts, pets are looked at as property and it is up to mediation to decide how best to arrange a pet custody agreement.

However, a new trend is taking hold in marriages across the country. While most Texas residents are familiar with the term and concept behind prenuptial agreements, postnuptial agreements are quickly becoming a popular thing for Texas couples to request.

Similar to prenuptial agreements, a postnuptial agreement is the legally binding document that lays out aspects of a divorce, should a marriage come to that. However, postnuptial agreements are signed after the couple weds, rather than before — as is the case with prenuptial agreements. Pet custody can be one of the detailed points in a postnuptial agreement. But it doesn’t have to end there: spousal support, property division and other aspects of a divorce can also be detailed.

For many couples in Texas, a postnuptial agreement is not just a chance to discuss and compromise on who would get what in the event of the end, but it is also a chance at peace of mind. Having a plan in place can save a couple from contentious court battles. Couples shouldn’t think of drafting a postnuptial agreement as a pessimistic view on the future of their marriage, but rather as an opportunity to plan ahead, just in case.

Source: ABC 7, “Postnuptial agreements becoming more common, signed after couples get married,” Ric Romero, Aug. 29, 2012

  • To learn more about any aspect of a Texas divorce, please visit our Houston divorce page

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