Tag Archive for: Texas Family Law Attorney

Your Guide to Texas Prenuptial Agreements

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People have a lot of different ideas about what prenuptial agreements are all about. Some people think that they are only ever used by very rich or famous people. Others find them to be unromantic or, a bad omen. However, many people are unaware of what, exactly, prenuptial agreements are and how they can effectively be used. Before you get married in Texas, it is worth your while to at the very least educate yourself about prenuptial agreements so that you can know for sure whether or not one would be useful for you and your bride or groom to be.

Texas courts recognize prenuptial agreements and partition agreements which are created by couples who are already married. A partition agreement accomplishes the same thing as a prenuptial agreement by partitioning a married couple’s community estate into two separate estates which would be considered as separate property in a Texas divorce. An agreement of either type must meet certain criteria before it will be recognized by the courts. The first of these criteria is that each spouse must have entered into the agreement voluntarily. Also, each spouse must have adequate awareness of the finances of the other. There are a few ways that this can be accomplished. The spouses may exchange financial statements which provide complete disclosure of their assets, or they may sign waivers of disclosure. The third and final criteria is that a prenuptial agreement or partition agreement must not be unconscionable, if it is to be upheld as valid.

A prenuptial agreement may contain provisions for almost any assets or responsibilities that the couple wishes to include. Provisions regarding children may not be included, because decisions involving children of a marriage cannot be made in advance. Texas family courts make decisions based upon the best interest of the children at the time that any such decisions must be made.

One example of how a prenuptial agreement can be used involves protecting a business owner’s interest in the business that they have built. If a family has passed real estate on for several generations, the current owner may want to ensure that it will remain in the family in the future. A prenuptial agreement can be used to enable the current owner to keep the property in the event of a divorce, instead of dividing their interest in it with their spouse. Prenuptial agreements may also be used to protect important personal property, such as family heirlooms, from being included in the tug-of-war that often ensues during property division in divorce cases.

Since prenuptial agreements and partition agreements are legally binding documents, it is essential that you review any agreement that you are contemplating with a Texas family law attorney. Your prospective spouse should seek their own counsel in regards to a prenuptial agreement, as a single attorney cannot represent both of you. Also, be sure allow yourself and your prospective spouse plenty of time to work through the process of creating a prenuptial agreement well before your wedding so that it does not interfere with the planning or preparation for the festivities.

A premarital agreement or partition agreement is not the exclusive province of the rich and famous, nor does it automatically mean that you will eventually get a divorce. Prenuptial agreements and partition agreements can be useful tools for relieving some of the stress which comes with being financially involved with the one that you love. If you have questions about whether a premarital agreement or partition agreement is right for you, contact Texas Family Law Attorney Alex Tyra today to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Texas Family Law Attorney Explains the Best Interest of a Child Standard

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If you have minor children and you are involved in a Texas Divorce, or you are considering one, you may wonder what criteria Texas courts use in making decisions regarding child custody. The child custody orders that work best for everyone involved are the ones that are created by agreement between the divorcing parties. However, if you and your soon to be former spouse are unable to reach an agreement on how you will divide parenting time and responsibilities, the court will step in and create an order which provides for the best interests of the children while addressing the needs and abilities of both parents.

In Texas, there is a list of nine factors which courts commonly assess in their decisions regarding child custody. The nine factors are derived from the case of Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), and are commonly referred to as the “Holley Factors”. It is important to note that while the Holley case was a case dealing with the issue of whether to terminate parental rights, the courts have found that the list of factors which came out of the Texas Supreme Court’s decision in that case are applicable in all kinds of cases where a decision must be made regarding the custody of one or more children.

The Holley factors, when considered as a group, help the court to decide what kind of child custody order will serve the best interests of the children to whom it will apply. These factors include the abilities of the parents, the desires of the children, the stability of the parents’ homes, the plans that each parent has for the children, present and future physical and emotional needs of the children, whether either parent poses a danger to the emotional or physical well-being of the children, behaviors of the parent which may affect the appropriateness of the parent-child relationship, reasons for any parental behavior which affects the appropriateness of the parent-child relationship, and any programs that are available to assist the parties in providing for the best interest of the children.

It is also important that parents who are involved in Texas divorce cases understand that while the Holley factors play a large role in custody decisions, other pertinent factors may be considered by the court as well. If any of the following topics are important to your family, it is important that you let your attorney know so that they may present information about them to the court. The past and present state of which parents fulfill which responsibilities to the children may be a factor in custody cases, as it is closely tied to the everyday activities and routines that the children are accustomed to. Parental behavior which is intended to undermine the relationships of the children with their other parent is not conducive to a healthy environment for the children, so it should be mentioned in any case where it has occurred. Also, if there are other things that are important to you, discuss them with your attorney so that they can help you to understand whether and how they would contribute to a discussion of child custody in your case.

If your divorce case involves children, it is important that you seek the assistance of a knowledgeable East Texas Divorce Attorney. A skilled divorce attorney can increase your chance of reaching a child custody agreement which will work for you, and can help you present your best case in the event that any portion of your divorce proceeds to litigation. To learn more, call Texas Family Law Attorney Alex Tyra today to schedule a free consultation with one of our Texas Divorce Attorneys. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.