Modern High Asset marriages commonly involve Pre-Nuptial agreements to preserve and protect each spouses‘ property. If one spouse takes advantage of the other and the Pre-Nuptial is unconscionable, it may be attacked as invalid as a matter of law. There are a few considerations you should make sure of before determining if a Pre-Nuptial is valid:
- Did you sign the Pre-Nuptial voluntarily?
- Were you given fair disclosure of the property or obligations of the other spouse?
- Did you waive the right of disclosure in writing?
- Did you have adequate knowledge of the property or financial obligations of the other spouse?
If you answered “NO” to either (1) or all of (2)-(4) then you may be in a position to contest the Pre-Nuptial agreement. It is difficult to show that a Pre-Nuptial agreement is unconscionable. The Courts have made it clear that “unfairness” which is short of unconscionability does not make a Pre-Nuptial unenforceable. Determining whether a Pre-Nuptial agreement is valid or not is in large measure a question for the judge and not for the jury. This means that a judge will make the determination if your spouse has forced you to sign a Pre-Nuptial in an unconscionable way.
For high asset divorces, Pre-Nuptial agreements are more common. If you are a spouse that was pushed into signing a Pre-Nuptial without fair disclosure or without adequate knowledge of the property or obligations enforced in the agreement you may have a claim. Depending on the circumstances, invalidating a Pre-Nuptial agreement may be time consuming and costly, so an experienced attorney must be consulted.
Assess your situation at the time you signed your Pre-Nuptial. Did your spouse muscle you into signing the Pre-Nuptial, thus possibly invalidating the Pre-Nuptial? Once you have answered these questions find an experienced attorney that is familiar with contesting or setting aside unconscionable or unenforceable Pre-Nuptial Agreements.
Julian Nacol, Attorney
Nacol Law Firm P.C.
Are you a Texas father that is having issues involving child custody, visitation rights, parental alienation, false allegations of abuse or false paternity claims?
It is important for you to know your legal rights as a father! And it is imperative that you enforce your rights for your children!
Call our Dallas fathers rights attorneys, Mark Nacol and Julian Nacol, for a consultation today!
The holidays can be very frustrating times for both spouses when undergoing divorce proceedings that involve custody issues with children and one spouse acts in bad faith or arbitrarily. If a spouse violates a temporary custody order, he or she may not face consequences at the time but must explain their actions to a district judge in the future.
If a temporary custody order describes in detail the periods of possession during the Christmas holiday, the order is binding on both spouses. The temporary custody order is binding civilly and NOT criminally per se. This is an important distinction to understand before you decide to call the police. Family law matters, with notable exceptions such as domestic violence and protective orders, are generally governed in civil and not criminal courts. Because temporary custody orders involving children are governed by civil courts, a police officer has no immediate basis to enforce the civil order.
If your spouse refuses to release your child to you at the prescribed time mandated in the temporary custody order, there are certain things that you should do to insure this wrongful conduct properly is documented for future civil contempt proceedings.
- Call the police!!! Many police departments will not respond because temporary custody orders are not criminally enforceable, but if the police department decides to respond then you may request a police report to be filed noting that your spouse deliberately violated the temporary custody order. This may be used in Court to persuade the judge to hold your spouse in civil contempt or validate your properly made demand for access in accordance with your temporary order.
- Save and preserve any text messages, emails, letters, or recorded phone calls that demonstrate and reaffirm your spouse’s refusal to deliver your children into your custody during the holiday or other allotted time in your visitation order.
- Call your attorney and notify him of your spouse’s refusal to deliver the children to you.
- Do not be tricked or cohered into a physical confrontation with your soon to be ex-spouse!!!
By completing these four tasks you will be gathering and preserving evidence to hold your spouse in civil contempt of Court. After the Christmas Holiday season or other access periods are over, your lawyer with your consent will file a motion to hold your spouse in contempt of Court for violation of the temporary custody order. If your spouse is found in civil contempt of Court, he or she may be fined, ordered to jail for up to 180 days until the fine and attorney fees are paid, and the violation may be a solid basis to favourably modify the previous temporary custody orders. Such rulings are at the judge’s discretion.
Though you may feel helpless at the time, justice may be achieved through the District Courts in the form of civil or contempt sanctions. Judges usually look down on a spouse that blatantly violates temporary custody orders especially during Christmas or other special holidays. Just relax and be patience if your spouse refuses to deliver the children to you and document the conduct. Justice may take time but in the end, it is usually affirmed.
The Nacol Law Firm P.C.
8144 Walnut Hill Lane
Dallas, Texas 75231
Many headlines are common as to in what ways Domestic Physical Violence and Physical Abuse affects families and individuals. Consider however the silent spoiler of marriage: Emotional Abuse!
Most domestic abuse and violence commences with deliberate on-going negative behavior by one partner/parent against another family member as the abuser demeans and dismantles the victim’s feelings of self-worth and independence.
Just because a person does not end up in the hospital as a victim of physical abuse, emotional scars and a resulting negative self-image may adversely impact the individual for their entire life.
Emotional abuse often includes verbal abuse, controlling behavior, intimidation and isolation. Most emotional abusers will also make multiple violence threats and orchestrate other non-physical types of punishments if their victims refuse to blindly obey.
Since “the Abuser’s Goal is Always Control”, economic/ financial control is one of the most common forms of emotional abuse. Victims have feelings of “no way out” from abusive relationships and strict financial control imposed by the abuser results in spiraling hopelessness.
What are some serious financial control issues to look out for? Do you have a problem?
Total controlling of all family expenses.
Withholding money and credit cards and strict, unrealistic allowance restrictions.
Withholding basic necessities (food, clothing, shelter, medical needs).
Controlling your choice of career and prevention or obstruction from gainful employment.
Sabotaging your job by constantly calling you, causing problems with your boss or associates, and causing you to miss work.
Stealing money from you.
All types of abuse are sick, but emotional abuse the silent spoiler of lives is often overlooked until it is too late. Every family member in these cases may be effected and scared for years. Many children who are tainted by abuse never completely know a normal loving relationship with a partner, spouse, or child since their low self-esteem prevents normal intimacy with others.
Divorce can be frustrating, confusing, and resentful. Divorce is never a pleasant experience even in the most amicable terms. It is important to know what you are in for when a divorce is filed. An original petition will be filed, and your spouse must be served with a process server.
After service of the original petition, the Petitioner may file for a Temporary Restraining Order (“TRO”) to protect the child and marital estate. Once a TRO is granted by the District Judge, a temporary order hearing will be set within 14 days. This temporary order hearing is extremely important and will determine the direction of the case.
Temporary Order hearings are usually condensed to 20 minutes a side depending on the complexities of the case. Within this 20 minutes, you will have to put on evidence for your entire case regarding custody of the children, management of the marital estate, and any other considerations such as receivership of a business.
After the temporary orders hearing, the case will dive into full throttle litigation. Discovery on both sides is usually conducted including interrogatories, admissions, and production of documentations. The documents that are usually requested consists of bank statements, retirement pensions, social media pages, text messages, and emails. Each case requires specific Discovery requests that are narrowly tailored to the facts presented. Discovery can last months and usually follow with motions to compel and sanctions. In highly contested cases the rigors of discovery and compiling documentation can be brutal.
During the Discovery phase, Depositions may be warranted. Depositions consists of your attorney questioning your spouse and any other witnesses that are relevant to the case for impeachment purposes. Depositions are necessary if the case will go to a jury, because impeachment of your spouse is a necessity to prove your truthfulness.
Mediation is, more often than not, mandatory in Courts, but this is the general rule. Certain Courts in the Dallas, Fort Worth, and Collin county do not require mandatory mediation. Each Court has its own rules of procedure and requirements. If the Mediation fails to produce a settlement between you and your spouse, then the only thing left is trial.
Depending on the complexities of the case and assets, a trial can last half a day or be a three-day trial. Most trials are before the District Judge. Certain facts may give rise to a jury trial but a jury trial is more costly and can take up more time. After the trial is complete the parties will have to wait for a ruling. This can take days to months depending on the case and jurisdiction.
When the final ruling is given to all parties, the Judge will charge one party to create a final order that will be submitted to the Court. This can give rise to more litigation depending on the interpretation of the Judge’s rulings by both parties. Finally, when both parties agree to a final order or the Judge determines which version of the final order is proper, then the case will be over.
Divorce can be a painful process that lasts 6 months to three years depending on the circumstances and the nature of the parties involved. If you are about to file for a Divorce in the DFW metroplex call Nacol Law Firm so that you have an experienced family law attorney to represent your interests throughout the process.
Dallas Fathers Rights Divorce Attorney
Nacol Law Firm PC