A premarital agreement (commonly called a “prenup”) is a written contract signed by two people before they marry that sets out how property and debt will be characterized and, often, how they’ll be divided if the marriage ends in divorce or death. Texas law does not require anyone to sign one – most marriages proceed without one, and Texas’ default community property rules simply apply instead. Whether you need one is a personal and financial decision, not a legal requirement, and it depends heavily on your individual circumstances. A prenup is commonly recommended in certain situations: when one or both spouses bring significant premarital assets or debt into the marriage, when one spouse owns or has an interest in a business, when either spouse has children from a prior relationship, when a spouse expects to receive an inheritance or has family wealth to protect, or when there’s a substantial disparity in income or assets between the two spouses. It’s also useful for couples who simply want more certainty and less potential for future disputes over what belongs to whom, rather than relying on a court to sort it out later. Even for those who do not have significant assets, a prenup can be helpful to have the spouses discuss important financial matters before marriage. These discussions can help strengthen a marriage before it begins, promoting healthy communication and avoiding financial issues after the marriage. A premarital agreement sets expectations, goals, plans, and procedures. There are limits to what a premarital agreement can address. It can generally define which property is separate versus community, set terms for how certain assets or debts will be handled, and address spousal maintenance. What it cannot do is predetermine child support or custody terms for children of the marriage; Texas courts decide those issues based on the child’s best interest at the time of a divorce, regardless of what a premarital agreement says. Also, a prenup can address many issues and provide unique terms that a post-nup (a marital agreement signed after marriage) cannot do. There are many more options available in a prenup. To be enforceable, a Texas premarital agreement generally must be in writing and signed voluntarily by both parties, and courts scrutinize whether each spouse had a fair opportunity to review it and adequate financial disclosure (or a valid waiver of disclosure) before signing. Timing can also matter – an agreement presented and signed only days before the wedding may later be challenged on the basis that it wasn’t entered voluntarily, so most attorneys recommend starting the process well in advance. Ultimately, whether you need a prenup depends on your specific assets, family situation, and goals going into the marriage. An attorney can walk you through what a premarital agreement would and wouldn’t change for your circumstances before you decide. If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Mediation is a form of alternative dispute resolution in which a neutral third party (the mediator) helps two disputing parties negotiate toward a resolution of their disagreements. Unlike a judge or arbitrator, a mediator does not decide the outcome or rule in either party’s favor; the mediator’s role is to facilitate communication, help each side understand the other’s position, and guide the parties toward a voluntary agreement. The parties themselves make the decisions. If the parties reach an agreement, that agreement is binding. If the parties can’t reach an agreement, mediation simply ends without a binding result, and the case proceeds through the normal litigation process. Mediation is not required in uncontested cases. You also do not have to use a mediator to resolve minor disputes. Mediation is often required in custody modifications, as well as in divorces. In Texas family law, mediation is a routine and often expected part of a contested divorce or custody case. It can happen at almost any stage – before a case is even filed, while case is pending, or shortly before a trial setting – and many Texas courts require the parties to attempt mediation before they will set a contested matter for trial. Mediation sessions are private and generally confidential, meaning statements made during the process typically cannot later be used as evidence in court. A typical mediation session involves both parties, with their attorneys present, meeting with the mediator in separate rooms, with the mediator moving between the parties’ rooms to relay offers and narrow the issues. There are no formal rules of evidence or witness testimony, and the process is far less structured than a courtroom hearing. If the parties reach agreement on some or all of the disputed issues, that agreement is typically documented in writing in a “mediated settlement agreement” and signed at the end of the session. In Texas, a properly executed mediated settlement agreement can be binding on the parties once signed, even before the final decree or final order is entered. Mediation is generally faster and less expensive than proceeding to trial, and it gives both spouses more control over the outcome than leaving the decision to a judge. The mediator’s fee is typically split between the parties, in addition to each side’s own attorney’s fees for preparing for and attending the mediation. For many contested cases, a successful mediation resolves the matter entirely, avoiding the additional time and cost of a trial altogether. If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

FAQs Archive - Attorney Susan Duesler

Q: Can any type of lawyer look over my divorce paperwork?

Generally, yes, but that is not the best course of action. It is often more cost-effective to have someone that only handles family law matters day-in and day-out, rather than someone who knows a little about several areas of law. It is unlikely that any one attorney can specialize in several wholly different areas of law at once. A good family law attorney can spot issues and help to correct them quickly, rather than researching to be able to answer (costing you more time and money) or giving only a cursory glance (saving money but not having a complete look). Similarly, you should avoid hiring someone who practices primarily in Houston or Austin to take on a Dallas or Tarrant County case, as the procedures and judges are vastly different. This is true even if the divorce is expected to be an agreed case without any court appearances; the client often spends more attorney’s fees because the out-of-area lawyer does not know the court-specific procedures. Having a Texas family law attorney – that practices primarily in the same area in which your case is filed – discuss your situation with you is imperative to understanding your rights, obligations, liabilities, and exposure. If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.