We would compare a pre-marital or post-marital agreement to a will. Without a will, the state mandates how your property will be distributed upon your death, rather than you or your family. Pre and post-marital agreements operate in a similar manner. Without one, Texas law mandates how any property held by the spouses is distributed upon divorce. If you are concerned about a property division, in the event of a divorce, you should strongly consider a pre-marital or post-marital agreement.