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Ten Ways To Attack A Prenup

Texas law favors prenups. When written correctly, and when the right signing procedure is followed, a prenup is hard to invalidate.

Even though a skilled lawyer can write a solid prenuptial agreement, if the law is not followed it might be successfully attacked in a divorce or probate proceeding. Read More “Ten Ways To Attack A Prenup”

Handling Shared Credit Cards And Liability In A Divorce

The interplay between shared credit cards and financial liability is complex, and much more so when working through a divorce. Prenuptial and postnuptial agreements attempt to straighten out the asset and debt details upfront, but when such an agreement is not in place, it will take an expert to sort everything out. In some cases, the idea of facing financial hardship or ruinous credit can compel someone to stay in a marriage they would otherwise seek to dissolve. Read More “Handling Shared Credit Cards And Liability In A Divorce”

10 Common Misconceptions About Prenups

There are many misconceptions about prenups in Texas, even among lawyers. These are the ones I have heard most. There are many more. For years prenups were not allowed by the law, causing misconceptions. The law varies by state, creating confusion; and movies take license about misstating the law. This makes better movies, but also causes more confusion. Read More “10 Common Misconceptions About Prenups”

When Reinvested Earnings Become Commingled Community Property

It can be difficult to tell when reinvested earnings become commingled community property, as divorce is always complicated by a business. Most businesses retain some of their earnings to drive growth opportunities over the near term and as cushion for a downturn. These assets can be crucial to the business’s functioning, but they can also be targeted during divorce, especially if there is reason to believe the business-owning spouse is hiding income in the company. Read More “When Reinvested Earnings Become Commingled Community Property”

Are Restricted Stock, Stock Options and Restricted Stock Units Community or Separate Property?

Restricted Stock Units (RSU’s), stock options, & restricted stock are only valuable if the employee remains employed for the required period, usually the vesting period. When part of the vesting period occurs during marriage and the other part is before or after the marriage, the assets are part community and part separate property.

Only community property is divided in divorce. Read More “Are Restricted Stock, Stock Options and Restricted Stock Units Community or Separate Property?”

How To Write A Bullet-Proof Texas Post-Marital Agreement

If you’re getting ready to sit down to prepare a postnup, you should know the basics of how to write a bullet-proof Texas postnup partition & exchange marital agreement.

There are essentially two different kinds of considerations that you’ll want to make to ensure that the contract will hold up against any questions of its validity that may come up later. Read More “How To Write A Bullet-Proof Texas Post-Marital Agreement”

How To Defend A Prenup In Divorce

If you’re getting ready to tie the knot and want to create a prenup, or if you already have one and need to know how to defend a prenup in your divorce proceedings, you should know the four most common mistakes that can invalidate the contract.

  1. Involuntarily Signing the Agreement
    A good way to defend against accusations of involuntariness is to create the contract well ahead of the wedding date. Each party should have adequate time to read and review the document and consult legal counsel. Deciding to draft and/or sign a prenuptial agreement can be a difficult decision to make, and is not something that anybody should be forced to consider the day before the wedding.
  2. Not providing fair and reasonable disclosure
    You should fully disclose all assets and liabilities in the agreement. If any missing information is revealed or if any disclosures that you provide are found to be false, the contract may be invalidated by the court. Minimally, the divorce will become more expensive because there will be issues to litigate.
  3. Not being fair and reasonable
    The details of your prenuptial agreement are largely up to you and your partner. However, if the agreement is unconscionable, it will be vulnerable to dismissal by the court.
  4. Creating illegal clauses
    This should go without saying, but you cannot include clauses that are contradictory to the law. A good example of such a clause is one which limits child support as this is to be determined by the court.

Knowing how to defend a prenup in divorce cases is important, and you should consider consult legal counsel who can give you definitive advice specific to your circumstances.