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PRE/POST-nuptial Agreement

PRE/POST-nuptial Agreement

PRENUPTIAL AGREEMENT OR PREMARITAL AGREEMENT

What is a premarital agreement?

A premarital agreement is an agreement between two parties who plan to get married but would like to legal professional to help the parties draft an agreement to define what will be separate properties or community property.  Additionally, a premarital agreement can address the issue of tax liability during the marriage, spousal maintenance, and other issues.

Can a premarital agreement address the issue of Child support?

No, one cannot create a contract for child support by drafting a premarital agreement.

Why does one need a Premarital Agreement? Isn’t love enough?

Of course, love the fuel engine to marriage and without love there would not be marriage and without marriage there would not be the notion of premarital agreement.  No one enters a marriage with the thought of ending it, but if love is all you need, then having a premarital agreement between the parties would not be such a taboo issue or such an offensive issue, right?

For example: no one plan to die, but yet we bought life insurance to plan for death.  That is because we are creature of habits and planners.  We like predictability and we want to plan for the unexpected even though we know we cannot predict the outcome, but at least we can lessen the drama that comes with such unpredictable event by planning for it.  The same concept goes with a premarital agreement.  However, people associate execution of premarital agreement as taboo because we linked it with lack of trust and lack of love, while it should not be linked in such a way.  Because if love is all you need and love is the fuel to the engine that is called marriage then having a premarital agreement can only be helpful to keep it that way so that you can now focus on loving one another without doubts.  If you and your significant other feel the same way and would like our firm to help in drafting a premarital agreement, then feel free to contact our firm for a free consultation.

Can I draft a premarital agreement to forfeit community property upon divorce or change separate property into community property?

A premarital agreement does not address such issues, but rather one would need to draft a partition and exchange agreement or conversion agreement once the parties are married.  For more details and information, please consult with an attorney so he/she may explain the process regarding such arrangements.

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Family Law Q&A

How long must I live in Texas before I can file for divorce?

Generally, you must be domiciled in Texas for six months before the suit is filed and be a resident of the county for the past 90 days.

How will I support myself after a divorce when my spouse was the primary income earner?

Depending on your circumstances and qualification, you may qualify for spousal maintenance. Please consult with an attorney for further details, as no one case is alike.

How do I fight for sole custody of my children?

You must file a SAPCR (Suit Affecting Parent Child Relationship) with your County District Clerk. In the SAPCR, you may request for sole managing conservatorship and state specific reasons for your request. Once properly drafted, you may file the SAPCR with the Court and set the case up for a hearing to prove-up your case. This process is complicated and technical. Please consult with attorney to understand your options prior to taking any action.

What should be included in a prenuptial agreement?

Every prenuptial agreement is custom-made to cater to each individual’s needs. There is no specific or general guideline. However, the purpose of the prenuptial agreement majority of the time is to define what will be separate property, community property, or spousal support.

What is a divorce going to cost me? Can I afford it?
Unfortunately, there are no set numbers on how much your divorce will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.
What forms do I need to file for a divorce in Texas?
You will need the Petition for Dissolution, Case Information Sheet, Summons and any fee waiver document in order to file for divorce. You will then be required to have your spouse personally served with these documents.
What do I need to do to enforce a child support order?

You must consult with an attorney for more details as each case may have different remedies and qualifications. However, you may file for mandatory income w/holding, liens, money judgment, freezing of certain assets, license suspension, or file for contempt.

Is Same-Sex Marriage Legal in Texas?

On June 26, 2015, the Supreme Court legalized Same-Sex Marriage nationwide.

Can I file for a divorce on my own?

Yes. Anyone can file for their own divorce. However, it is recommended that you retain an attorney if it is a contested case or if your spouse has retained an attorney.

If my spouse cheated on me, can I take all of the community property?

It is highly unlikely. In Texas, the court divides property in the manner that the court deems "just and right." It is very rare for one spouse to be granted all of the community property.

Can I still get a Divorce if my spouse does not want a divorce?

Yes. In Texas, you don't have to prove fault to get a divorce.

What are the grounds for divorce?

Texas grants divorces based on adultery, cruelty, felony conviction, abandonment, living apart, confinement in mental hospital, or insupportability.

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