Legal Question in Family Law in Texas

Are you talking about a TX divorce? Unfortunately, family law (divorce) is state specific. So works in TX might not work in another state.

In TX, you have to disclose all assets in order for the pre-nup to be valid. So the person could not offer a certain sum of money unless that person actually had it.

Also, if it the pre-nup is unfair then the judge can "set it aside" at the later date.

And both parties must have an attorney at the time the pre-nup is signed in order for it to be valid at the time of the divorce.

And, in Texas, after the marriage there must be a post-nuptial document signed AGAIN that is basically identical to the pre-nup that merely affirms that the parties really intended that the pre-nup was what they intended. That way it shows that neither party was "forced" to sign the pre-nup.

Also, divorce is usually costly and painful for both parties.

I hope this is helpful. You are not the first person to be writing a book and contact TX attorneys regarding TX family law. It's tricky because this area of the law varies in each state. Also, if it is too harsh the judge will "set it aside" in a divorce and treat it as if it does not exist. So most attorneys use the TX form that has withstood appeals and quit putting in "strange" clauses.

What most people do is just keep all their assets separate and never establish a community estate. Then is there is divorce there is no "estate" to divide. If you don't co-mingle assets then there is nothing for the judge to divide. Quick and easy divorce. It's done all the time.

Or, the wealthy spouse puts everything in a trust. Again, the new spouse cannot touch the money because the wealthy spouse has "nothing" in his name. Everything is in a trust. The trust owns everything. Breaking a well-drawn trust is damn hard - especially if done BEFORE the couple marries.

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