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Prenuptial Agreements. What is a prenuptial agreement? A prenuptial agreement or sometimes referred to as a premarital agreement is an enforceable written contract between 2 people who are contemplating marriage and for it to be legally effective when the parties are married. It is governed by the Texas Family Code section 4.001 and 4.004. The Texas law refers to a ceremonial marriage and not to a common law or informal marriage. What is the constitutional basis for property agreements? The Texas Constitution provides that all property, both real estate property and personal property, of a person owned or claimed by that person before a marriage; or, that is acquired by a gift, devise, or descent, i. e., if the person inherits the property, shall be the separate property of that person. The law does provide that persons that are about to marry and in some situations spouses that are already married, as long as the person is not attempting to defraud the other person or other pre-existing creditors, may enter into written agreements between the parties to partition their property, then existing or to be acquired, or exchanged between the parties in the future. In the case where one person makes a gift of property to the other person, that gift is presumed to include all the income or property which might arise from that gift of property. Should I get a premarital agreement? If a person is contemplating marriage, the person should consider and anticipate some issues that may be solved by the agreement. If one or both of the parties are bring in major debt into the marriage, it may be a good ideal to have a premarital agreement signed so as to limit the liability of each party. The same issues arises when one or both parties are bringing substantial assets or property into the marriage. The parties may want to protect the property and keep it as separate property during the marital relationship. If one of the parities is much wealthier than the other party, a premarital agreement may also allow for some allowance to the other parties in the event of a divorce. Those financial terms can be set out in the premarital agreement. If children are involved or if the parties are going into a second or third marriage, it is recommended that an agreement be set up to establish financial allowances for the children of one of the parties. What else can a premarital agreement cover? Any rights or obligations of a party can be covered in a premarital agreement. It can designate rights to buy, sell, transfer, exchange or create any interest in a mortgage or otherwise manage or control property or debt. It can also allocate property in the event one of the parties dies or if the parties separate or divorce. A party can also make allowances for alimony for one of the parties. Even the rights to death benefits from a life insurance policy can be itemized in the premarital agreement. As long as the provisions in the premarital agreement do not violate Texas public policy or criminal law, it can be included in the agreement. Are premarital agreement legal? Yes, premarital agreement are legal in Texas. However, premarital agreement can be unenforceable or illegal for some reasons. If one of the parties does not sign the agreement voluntarily, it is not enforceable. If one of the parties failed to provide the other party with a fair and reasonable disclosure of all financial obligations and property owned, the agreement may be unenforceable. Similarly, if one of the parties did not voluntarily waive, in writing, any rights to the agreement. It is also required that both parties seek individual legal counsel to explain the agreement and the rights and obligations under Texas law so that the agreement is enforceable in the future.

By |April 29th, 2019|Family Law|0 Comments|

Do I need a reason to file for Divorce?

Under the Texas Family Code, most divorces are granted on the grounds of “Insupportability”. So, on filing a petition by either party to a marriage, the Court may grant a divorce without regard to “fault” by either party to the marriage if the marital relationship between the persons has become insupportable because of discord […]

By |January 24th, 2019|Family Law|Comments Off on Do I need a reason to file for Divorce?|

The Right To Possess Firearms Pending A Divorce Proceeding

Why is the 2nd Amendment to the United States Constitution important in Family Law cases?
As a licensed attorney in Texas, questions are usually asked during conferences with clients regarding their rights to “arm” themselves and to what extent they have a 2nd Amendment right to arm themselves.   It is not a simple question to […]

By |December 17th, 2018|Family Law|0 Comments|

What About Child Support?

Must pay child support? Or, another common question from parents who are appointed as joint managing conservators of a child is why does one or both of the parents have to pay child support?

Under the Texas Family Code, the Court may order that either or both parents appointed as joint managing conservators to pay […]

By |November 19th, 2018|Family Law|0 Comments|

Can I Appeal An Associate Judge’s Ruling?

In Dallas County, we have associate judges in family courts that hear and rule on most family law cases involving temporary support,  temporary custody, and other family law matters.  The answer is “yes”.   A party can appeal an associate judge’s ruling on a case.  However, the appeal must be filed within 3 business days […]

By |October 21st, 2018|Family Law|0 Comments|

Can I Appeal An Associate Judge’s Ruling?

What is “separate” property in Texas?
Many times the cases we accept in our office at The Barbosa Law Firm, P. C. will involve complex and costly procedures tracing the assets on hand by the litigants at the time of divorce to attempt and establish the property as either community property or a party’s separate […]

By |October 15th, 2018|Family Law|0 Comments|

Can I Afford To Divorce My Spouse?

How Can I Get a Low-Cost Divorce?
Answer:   If you and your spouse can come into our office with agreements regarding your property division and debt division, we can generally provide you with a divorce in Dallas County, Texas for less than $1,000.  If you have children, generally the fees are higher by about $600.   […]

By |September 23rd, 2018|Family Law|0 Comments|

Modification Of Custody

We often get calls from potential clients requesting that their custody order or possession order be modified for different reasons.  Our response is usually the standard response and that being that a custody or possession order once signed by a court is not the easiest order to modify.

We will try to explain to clients […]

By |September 17th, 2018|Family Law|0 Comments|

How Can I Get Child Support From The Other Parent?

Barbosa Family Law, P. C. handles child support cases as well as any other family law case.   We receive many calls from persons wanting to get child support from the other parent.   A lot of times, the persons are not married to each other; however, they have had a child.  Without the persons being […]

By |August 30th, 2018|Family Law|0 Comments|

What If I Want “Full Custody” Of My Child?

At Barbosa Family Law, P. C., our attorneys get a very common request from clients – I want “full custody” of my child.   Usually, clients do not understand the way Texas family courts address the issue of custody or conservatorship.   Most cases which involve a child have a common ruling when it involves the […]

By |August 1st, 2018|Family Law|0 Comments|