Having a child is a wonderful thing. Most parents cannot wait until their bundle of joy is born. This is not the case in all situations. Some children are conceived at a young age or by a tragedy. The case can be that the mother or father is just not ready for a child or the child is a victim of sexual assault and an abortion may not be an option for them, or maybe an abortion procedure was unsuccessful. The law provides other avenues. A mother or father of a child may ask the court to terminate his/her parental rights, or the other parent’s parental rights. Although it is generally very difficult, and obviously the court does not want a child to be without a father or mother, there are two documents that can help the court in terminating a parent-child relationship: an affidavit of relinquishment or an affidavit of waiver of interest in child. Generally, an adoptive parent must also be available and willing for a court to terminate a parent’s parental rights.

Affidavit of Relinquishment

The affidavit of relinquishment must be signed after the birth of the child, but not before 48 hours after the birth of the child, by the parent (whether or not the parent is over 18), whose parental rights are to be relinquished. The affidavit must be signed by two credible witnesses and notarized. Additionally, the affidavit must contain the following:

(1) the name, county of residence, and age of the parent whose parental rights are being relinquished;

(2) the name, age, and birth date of the child;

(3) the names and addresses of the guardians of the person and estate of the child, if any;

(4) a statement that the affiant is or is not presently obligated by court order to make payments for the support of the child;

(5) a full description and statement of value of all property owned or possessed by the child;

(6) an allegation that termination of the parent-child relationship is in the best interest of the child;

(7) one of the following, as applicable:

(A) the name and county of residence of the other parent;

(B) a statement that the parental rights of the other parent have been terminated by death or court order; or

(C) a statement that the child has no presumed father;

(8) a statement that the parent has been informed of parental rights and duties;

(9) a statement that the relinquishment is revocable, that the relinquishment is irrevocable, or that the relinquishment is irrevocable for a stated period of time;

(10) if the relinquishment is revocable, a statement in boldfaced type concerning the right of the parent signing the affidavit to revoke the relinquishment only if the revocation is made before the 11th day after the date the affidavit is executed;

(11) if the relinquishment is revocable, the name and address of a person to whom the revocation is to be delivered; and

(12) the designation of a prospective adoptive parent, the Department of Family and Protective Services, if the department has consented in writing to the designation, or a licensed child-placing agency to serve as managing conservator of the child and the address of the person or agency.

The following may, but do not have to be included in the affidavit:

(1) a waiver of process in a suit to terminate the parent-child relationship filed under this chapter or in a suit to terminate joined with a petition for adoption; and

(2) a consent to the placement of the child for adoption by the Department of Family and Protective Services or by a licensed child-placing agency.

(d) A copy of the affidavit shall be provided to the parent at the time the parent signs the affidavit.

Affidavit of Waiver of Interest in Child

A man may sign an affidavit disclaiming any interest in a child and waiving notice or the service of citation in any suit filed or to be filed affecting the parent-child relationship with respect to the affidavit may be signed before the birth of the child and must signed by the man, whether or not a the man is a minor; witnessed by two credible persons; and notarized to take oaths. However, the downfall of using the affidavit of waiver of interest in the child is that it can only be signed by a man who may potentially be the father of the child, and can only be legally effective in a suit to establish interest in the child initiated by the same person who signed the affidavit. So if the mother of the child, or CPS, initiates a proceeding to adjudicate the man as the father of the child and to have him pay child support and provide medical support, the affidavit or relinquishment cannot be used by the man as an excuse to avoid being adjudicated as the father. The affidavit of waiver of interest in the child is less often used because it can only be used when the father initially does not want to be involved in the child’s life, and later changes his mind to become the father or have an interest in the child, in which case the mother can use the affidavit of waiver of interest in the child to oppose the father’s involvement in the child’s life.

For example, M meet W. They are attracted to each other and start a relationship. After about six months, W finds out she is pregnant. M, who is only 18 years old, is in shock and cannot see himself being a father. W and M agree that M will not be in the child’s life and M signs an affidavit of waiver of interest in the child and meets all requirement for the validity of the affidavit. Two years later, after the child is born, W wants to put M on child support so she initiates a suit affecting the child in the local court. M cannot use the affidavit of waiver of interest in the child that he signed two years ago because it was not a suit initiated by him. On the other hand, if it was M who decided to initiate a suit affecting the child to either be involved in the child’s life, then W can use the affidavit of waiver of interest in the child to let the court know that M’s parental rights should be terminated.

A.T. Law Office

If you have any questions regarding termination of parental rights and need a great child custody attorney in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation 832-800-5590. We would be very happy to help you. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.

In 2011, Dwyane Wade was awarded sole custody of his two sons from his ex-wife. It was a long battle, especially since they had been separated since 2007. Despite the claims made by his ex-wife about him abusing his children, Dwyane was granted sole custody and still wants his sons to have a relationship with their mom. Sometimes it is in the best interest of the child(ren) that one parent has sole custody of the child(ren).

What is Sole Custody (Sole Managing Conservatorship)?

In Texas, Sole Managing Conservatorship (SMC), sometimes referred to as sole custody, means the court grants only one parent the legal right to make certain decisions concerning the child. In order for the court to grant SMC the person requesting SMC must overcome the presumption of joint managing conservatorship being in the best interest of the child by showing one of the following: (1) the other parent has a history of family violence, neglect; (2) the other parent has a history of drugs, alcohol or other criminal activity; (3) the other parent has been absent from the child’s life; or (4) the appointment would significantly impair the child’s physical health or emotional development.

What are the some of the rights a sole managing conservator can get?

Sole Managing Conservatorship gives that parent certain rights such as:

• Deciding the primary residence of the child;
• Consenting to medical and dental treatment;
• Consenting to psychiatric and psychological treatment;
• Being designated on the child’s records as a person to be contacted in the event of an emergency;
• The right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
• The right to consent to marriage and to enlistment in the armed forces of the United States;
• The right to attend school activities;
• The right to the services and earnings of the child;
• Receiving child support; and
• Making decisions concerning the child’s education.

If the other parent gets sole managing conservatorship, can you still get visitations?

If one parent is awarded sole custody or sole managing conservatorship, the other parent may still be entitled to visitations and the courts will generally allow some visitations. In Dwayne’s case, his ex-wife was still allowed visitations. The visitations can be supervised or unsupervised depending on the facts of the case and whether the court believes the safety of the child would be at risk unless visitations are supervised.

A.T. Law Office

If you have any questions regarding obtaining sole managing conservatorship or sole custody of your child in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.

So you may be familiar that after 12 years of being in a relationship, 2 years of marriage, and 6 children later, Angelina Jolie decided to file for divorce from her husband Brad Pitt. Obviously, money was not really the issue for their divorce. For most of us, when we have children, they are the most important beings in our lives. Angelina didn’t like the direction Brad Pitt was headed to and his treatment of the children, so she decided to put an end to it before it was too late.

Some of you may also know that Angelina had requested sole physical custody of the children (equivalent to sole managing conservatorship in Texas). According to sources, Angelina’s request of sole physical custody was based on alleged abusive behavior of Brad Pitt towards the children and his drug abuse problems. Similar allegations can be used in Texas to ask for sole custody. However, the difference in Texas is that there is a presumption that joint custody is in the best interests of the child(ren).

Going through a divorce can be very emotional. When you have children involved, it can be even more stressful and emotional. However, you can have a more pleasant experience if you have a general expectation of what would happen to your children once you have legally separated. For example, who gets to make decisions regarding the children, and who gets to have possession of the children. This blog tries to give you some information so you have a better understanding of the divorce process in Texas and how it affects children.

What is Joint Custody (Joint Managing Conservatorship)?

Joint managing conservatorship (JMC) is when the court grants both parties the rights and duties to make certain decisions except where the child lives (this can only be done by one party). Joint managing conservatorship is presumed to be in the best interest of the child(ren) and the courts will generally award joint managing conservatorship unless one of the parties can convince the court that joint custody is not in the best interest of the child(ren). You can overcome the presumption of joint custody being in the best interest of the child if you can show the court one of the following:

• The other parent has a history of family violence, neglect.
• The other parent has a history of drugs, alcohol or other criminal activity.
• The other parent has been absent from the child’s life.
• the appointment would significantly impair the child’s physical health or emotional development

 Read more about the appointment of sole managing conservator (sole Custody) in our detailed custody page http://atlawoffice.com/our-services/family-divorce/child-custody/

If the court grants JMC it has to appoint a managing conservator and possessory conservator. The managing conservator makes major decisions affecting schooling, medical care, religion, and residence of the child. The Possessory conservator is the person who has access to the child(ren) & makes emergency decisions while in his/her custody. There can be only one managing conservator and it must be a parent, licensed agency, or a competent adult. However, the court may appoint more than one possessory conservator.

In determining custody rights of parents, the court may consider the child’s desires, parental stability, environment of the home, and domestic violence. The court may not favor either parent based on gender or marital status. Below you will find rights and duties shared by the managing and possessory conservators.

• The right to receive information from any other conservator of the children concerning the health, education, and welfare of the children;
• The right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the children;
• The right of access to medical, dental, psychological, and educational records of the children;
• The right to consult with a physician, dentist, or psychologist of the children;
• The right to consult with school officials concerning the children’s welfare and educational status, including school activities
• The right to attend school activities;
• The right to be designated on the children’s records as a person to be notified in case of an emergency;
• The right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children; and
• The right to manage the estates of the children to the extent the estates have been created by the parent or the parent’s family.
• The duty to inform the other conservator of the children in a timely manner of significant information concerning the health, education, and welfare of the children; and
• The duty to inform the other conservator of the children if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter.

A.T. Law Firm

Do you have any questions regarding custody of your children? It is important to speak to a custody attorney in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County.

Have you thought about what happens to your property after you have passed on? What steps have you taken to ensure your heirs receive their share in your estate? Is there anyone you want to give your estate to? Make sure you determine the division of your estate by drafting a will.

So what is a will and what are the requirement of a valid will?

A will is a legal document that designates persons to receive the properties of the estate. It also contains the desires of the decedent concerning the disposal of his or her estate. The testator is the person who the will is made for. An executor of a will is someone appointed to execute the will after death. Executors can be appointed in the will, or appointed by the court if one is not appointed. Certain individuals are disqualified

The court determines the validity of the will. However, at the time of the will’s execution, the testator must be of age, possess a sound mind, and must intend the document act as a testamentary instrument.

Age– the testator must be: at least eighteen years old; lawfully married; or in the armed forces.

 Sound Mind– the testator must understand: the will is a testamentary document; the will       distributes property at death; the nature and extent of their property; and the natural objects of their bounty.

Intent- the testator must have the intent to distribute property at the time of death according to the terms of the will. 

Do I need to have witnesses sign my will?

In addition to the above requirements, a will must also be signed by two witnesses at the time of its execution. This requirement can be waived by writing a holographic will. A holographic will is a will written completely in the testator’s handwriting, and signed by testator.

Probating a will (what happens after death):

After a testator’s death, a will has to go through a probate court proceeding. The executor of the will must initiate the probate proceeding within 4 years of death of testator. If this isn’t done in time, then intestacy laws apply (explained more below.)

Who isn’t qualified to be an executor?

The executor can be appointed in the will or by court. Certain people are prohibited from being an executor. The following individuals cannot serve as an executor in Texas:

1. An incapacitated person;
2. A felon convicted under the laws of the United States or of any state of the United States unless, in accordance with the law, the person has been pardoned or has had his or her civil rights restored;
3. A nonresident of the Texas who is a natural person or corporation and has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate or had that appointment filed with the court;
4. A corporation not authorized to act as a fiduciary in the state; or
5. A person whom the court finds unsuitable.

Revocation of a will:

Once a will is created it can be canceled once revoked by the testator. Revocation of the will occurs by the creation of a subsequent will that contradicts or expressly states the old will is revoked or by a physical act of the testator such as destroying the will.  The will can also be marked out but the markings created by the testator must touch a substantial part of the will.

Revival of a will:

Just because the will has been revoked does not mean it cannot be revived. Revival of the will is never automatic but can be done by re-execution, republication, or if the court determines the revocation was based on mistake of law or fact the revocation can be canceled if the testator would not have revoked the will if he knew the truth.

How does your estate get distributed without a will?

Writing a will is important and without one, the court will distribute your estate following the rules of intestate succession. Intestate succession can cause issues within the family because of the constant fighting of certain properties of the estate.  Having a will eliminates those issues and each person in the will receives their intended share.

A.T. Law Firm

If you need a will and looking for a good wills and trust attorney in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. In addition to English, we speak Spanish, Farsi (Persian), and Kurdish.

When we get married to the one we love or to the person who we believe is our soulmate, we rarely think about what happens if we get divorced. For instance, you have been the sole bread winner of your marriage or, you have been the susie homemaker and the soccer mom. We rarely think about if we will have to pay our spouse monthly support or considering you have been the susie homemaker, will we even get support. These are things to consider and discuss before getting divorced and sometimes before we get married. You will find the necessary information on spousal support below according to the Texas Family Code.

Spousal Maintenance

In Texas, the person seeking spousal support/maintenance has to prove the need for it. Texas also gives judicial discretion and there is a presumption against maintenance unless the spouse seeking maintenance has exercised diligence in earning and education. (this could apply to the susie homemaker). However, the courts will generally limit maintenance to the shortest reasonable period that allows for spouse seeking maintenance to earn sufficient income or pursue certain skills unless maintenance due to disability of the spouse.

Requirements

The spouse seeking maintenance lacks sufficient property to provide for his/her minimum needs, and the spouse from whom maintenance sought convicted of (including deferred adjudication) for criminal offense that is also an act of family violence and such act occurred while suit pending OR within previous 2 years; OR the spouse seeking maintenance is unable to earn sufficient income to provide for minimum needs because: they are incapacitating mental/physical disability or they have a child with incapacitating mental/physical disability who requires substantial care; OR they have been married more than 10 years and lacks ability to provide for their minimum needs.

Factors of Determination

The court will look at several factors when determining the amount of spousal support to order such as:

• Ability of each spouse to provide for minimum reasonable needs
• Education and employment skills of each spouse
• Duration of marriage
• Age of party seeking maintenance
• Earning Ability of party seeking maintenance
• Acts by either spouse resulting in excessive or abnormal expenditures or destruction
• Contribution of a spouse as homemaker
• Property brought into marriage by either spouse
• History or pattern of family violence

Amount and Duration

In Texas, spousal support/maintenance may not exceed the lesser of $5,000 per month or 20% of obligor’s GROSS monthly income. The allotted time for support/maintenance payments depend on the length of the marriage and if there is family violence. If you have been a victim of family violence the court may order 5 years of spousal support/maintenance. If you have been married 10 to 20 years the court may order 5 years of spousal support/maintenance. If you have been married 20 to 30 years the court may order 7 years of spousal support/maintenance. And if you have been married 30 years or more the court may order 10 years of spousal support/maintenance.

Termination and Modification

The obligation to pay continued spousal maintenance ends on the death of either obligor (person paying) or obligee (person receiving), if the obligee cohabits with another person with whom the obligee has a romantic relationship on a continuing basis, or at the end of the time ordered by the court. The obligor may seek a reduction based on a material change in circumstances relating to either party. However, modification is not retroactive and applies only to those payments accruing after the modification is filed.

A.T. LAW FIRM

If you are considering getting a divorce, it is important to speak with a spousal support attorney in Houston, TX right away to set up a free consultation. If you are considering filing for divorce and need a good family law attorney in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.

Have you been ordered by the court to pay child support? Is your child’s father not helping you take care of the children? Do you have general questions about the Texas child support obligations, payments, or guidelines? Below is the general information from the Texas Family Code that a person needs to know regarding Texas child support.

CHILD SUPPORT OBLIGATION

The Court can order one or both parent to support a child until the earliest of:

• The child is 18 or graduates high school, whichever is later; or
• The child is emancipated through marriage, enlistment in the armed forces, or other law; or
• The death of the child; or
• If the child disabled, for an infinite period or until the disability is removed.

PAYING CHILD SUPPORT IN COLLEGE

The court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is:

• Enrolled in an accredited secondary school in a program leading toward a high school diploma;
• Enrolled in courses for joint high school and junior college credit; or
• Enrolled on a full-time basis in a private secondary school in a program leading toward a high school diploma; and
• Complying with the minimum attendance requirements of Subchapter C, Chapter 25, Education Code; or
• Complying with the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school.

The request for a support order through high school graduation may be filed before or after the child’s 18th birthday. The order for periodic support may provide that payments continue through the end of the month in which the child graduates.

PAYMENT OF CHILD SUPPORT

Although generally child support is paid monthly from the custodial parent to the non-custodial parent, the court may order that child support be paid by:

• Periodic payments;
• A lump-sum payment;
• An annuity purchase;
• The setting aside of property to be administered for the support of the child as specified in the order; or
• Any combination of periodic payments, lump-sum payments, annuity purchases, or setting aside of property.

It is important to note that any form of payment other than monthly child support payments based on state guidelines are strongly discouraged as it leaves the room open for further unnecessary litigation.

CHILD SUPPORT GUIDELINES

Child support guidelines apply only to the obligor’s first $8,550 of net monthly resources (starting 9/1/13). If the obligor’s net resources exceed that amount, the court may order additional support only if child has special needs and will never award more than the proven need of the child(ren).

Child support based on this net amount:

• 1 child a 20% obligor’s NET resources
• 2 children a 25% obligor’s NET resources
• 3 children a 30% obligor’s NET resources
• 4 children a 35% obligor’s NET resources
• 5+ children a 40% obligor’s Net resources

PRE-EXISITING CHILDREN GUIDELINES

Alternate guidelines exist for obligors that have pre-existing children.

A.T. Law Firm

If you are considering getting a divorce, it is important to speak with a spousal support attorney in Houston, TX right away to set up a free consultation. If you are considering filing for divorce and need a good family law attorney in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.

What happens in Vegas doesn’t ALWAYS stay in Vegas, but it CAN!

Have you seen the movie “What Happens in Vegas” starting Ashton Kutcher and Cameron Diaz? Have you ever went to Vegas and looked at one of those marriage chapels after a long night of gambling and/or drinking and wondered how cool it would be to get married to your significant other you just met at the casino? Well, the good news is if this happens in Texas, there are certain scenarios that can protect you from being stuck in a marriage and not having to go through a divorce to dissolve your marriage:

VALIDITY OF MARRIAGE

VOID MARRIAGES: What is a void marriage? A void marriage is one that society doesn’t not legally accept as a legitimate marriage. How can a marriage be void?

• A marriage with someone under 16 years of age unless court order
• An informal marriage with minor
• Marriage to a family member unless step-siblings

VOIDABLE MARRIAGE: A voidable marriage is a marriage that is legal and legitimate as long as both spouses still agree to be married. However, if the disadvantaged party no longer wishes to be marries, the marriage can be dissolved.

• Marriage to someone 16 years of age without parental consent or court order and the marriage must be declared invalid before the minor turns 18 years of age.
• Marriage to someone who has a permanent impotent at the time of the marriage. The party marrying did not know impotency at the time of marriage and there has not been any voluntary cohabitation since learning of impotency.       If they are still cohabitating when the impotency was discovered the marriage will be ratified.
• Marriage to someone who at the time of marriage was under influence of alcohol or drugs and did not have the capacity to consent. There cannot be any cohabitation since effects of alcohol or drugs ended or the marriage will be ratified.
• Marriage to someone by fraud, duress, or force can be annulled as long as no cohabitation since the fraud, duress or force has ended.
• Marriage to someone who at the time of marriage did not have mental capacity to consent or understand the marriage ceremony because of a mental disease or defect. The other party did not know or have reason to know of defect and once they are aware of the disease or defect the cohabitation must cease.
• Marriage within 30 days of divorce decree
• Marriage that took place before the 72 hour waiting period

A.T. Law Firm

Do you have any questions regarding the validity of your marriage? Need a family law or divorce attorney in North Houston including Klein, Tomball, Spring, Woodlands, FM 1960, and surrounding areas? Contact the A.T. Law Office for a free consultation. You may ask for attorney Amir Tavakkoli of Houston, TX. We also practice in different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County.

In Texas, there are different types of marriage such as the formal marriage and informal marriage, also known as common law marriage.

FORMAL MARRIAGE

A formal marriage is the usual route people take when wanting to get married.

A formal marriage requires:

• Must meet the age requirement
• A valid marriage license
• Wait 72 hours after obtaining license before having a ceremony
• Have the wedding ceremony within 90 days of obtaining your marriage license
• Have the wedding ceremony by an authorized person such as a judge, justice of the peace, clergyman, rabbi, or an officer of a religious organization.

The age requirement to be married is 18 years old. If the person is 16 years old they must have a court order allowing them to marry or parental consent. If the person is under 16 only the court can allow them to marry with a court order and the court usually looks to the best interest of the child. Minors under 16 may be able to get married without a court order if they are emancipated, divorced, or serving active duty in armed forces.

INFORMAL MARRIAGE (COMMON LAW)

In Texas, informal marriage does not require marriage for a certain period of time.

An informal marriage requires:

• Must be at least 18 years of age
• Parties must agree to be married in Texas
• Must cohabitate (live together) in Texas
• Must represent to others that they are married in Texas

A marriage license is not required but the parties may obtain a declaration of marriage, a signed written form from the vital statistics office. An informal marriage has the same effects as a formal marriage. There is no such thing as a common law divorce, the parties divorce the same way as a formal marriage. Also, any property obtained during the informal marriage is a still considered community property.

A.T. Law Firm

If you have any questions regarding your living situation, property division, or who will get custody of the children feel free to contact A.T. Law Firm by calling (832) 800-5590 for a free consultation.  The A.T. Law Firm handles criminal defense, family and divorce cases, and personal injury cases.

Are you in the process of getting married and want to give your spouse a prenup? Do you want to know what can the prenup include or how enforceable it is in Texas? Below is some imperative information from the Texas Family Code.

What is a prenup and what can it contain?

A prenuptial/premarital agreement in Texas must be in writing signed by both parties and is enforceable without consideration. The agreement may not adversely affect child support but may contain provisions addressing:

• property rights and obligations;
• the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
• the modification or elimination of spousal support;
• the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
• the ownership rights in and disposition of the death benefit from a life insurance policy;
• the choice of law governing the construction of the agreement; and
• any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

How can a spouse avoid the prenup?

A prenuptial/premarital agreement is not enforceable if the person against whom enforcement is sought can prove they: (1) were not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (2) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (3) did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

If you have any further questions or concerns regarding premarital agreements and need a prenup attorney in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.