The Texas Legislature convenes every two years, with 2019 being one of those. Each session, proposed new laws get introduced that will affect family law in Texas. It is expected that a bill will be introduced to remove no fault divorce and require proof of fault grounds for all Texas divorce and extend the waiting period to finalize a divorce (currently 60 days). Neither of these proposals are expected to gain much traction. Reform of the child protective services system will, however, be a hot topic for the legislative session given all of the litigation there has been criticizing how CPS handles matters ineffectively.
What would happen under Texas divorce law if two spouses decide after years of marriage to tear up their prenup? Is that enough to invalidate the agreement?
I read with interest last week’s post from lawyer Daniel Clement of the New York Divorce Report about a New York case holding a premarital agreement valid even …
Dictionaries generally define “bank” as a financial establishment for the deposit, loan, exchange, or issue of money and for the transmission of funds. In contrast, “broker” is defined as an agent who acts as an intermediary or negotiator, especially between prospective buyers and sellers; a person employed to make bargains and contracts between other persons in matters of trade, commerce, or navigation. According to the Houston Court, these definitions illustrate that banks and brokers are distinguishable, particularly with respect to the scope of their respective services; banks tend to offer a broader spectrum of financial services than brokerage firms.
Continue Reading Bank accounts and brokerage accounts are not the same in a premarital agreement
Even if you aren’t getting married, couples can still reach agreements about their relationship or joint property in Texas. When two people live together but are not married, a cohabitation agreement can define the parameters of their financial relationship. For example, a cohabitating couple could agree as to how their money will be held jointly and separately, as well as who pays which of the household bills. If an unmarried couple plans to purchase a house together, a cohabitation agreement can address each party’s ownership interest, how the mortgage will be paid, and how to handle the house in the event the parties end their relationship.
Continue Reading What if we aren’t getting married – can we still agree on stuff?
Once you are married, it is too late to get a premarital agreement in Texas. However, you and your spouse can enter into a post-marital agreement.
Continue Reading We didn’t get a prenup before we got married. Is it too late to get one now?
When spouses get a divorce and have a premarital agreement in Texas, the divorce suit must state the parties’ position regarding the enforceability of the premarital agreement.
Continue Reading What happens to a prenup when the spouses get a divorce?
It is best for each spouse-to-be to be represented by independent counsel when negotiating and drafting the premarital agreement.
Continue Reading Can one attorney represent both of us in drafting the premarital agreement?
Ideally, the process for getting a premarital agreement should be started at least 2-3 months in advance of the wedding.
Continue Reading How long before the wedding should we start the process of getting a prenup?
The first step in the process of getting a premarital agreement is for the spouses-to-be to discuss and reach a consensus on the purpose of the agreement and the general terms that each finds important.
Continue Reading What is the procedure for getting a prenup?
A marital agreement signed before the marriage is termed premarital agreement. Once the parties are married, they cannot enter into a premarital agreement.
Continue Reading Can we change the prenup later?