I’m divorcing my wife in Houston b/c she cheated on me. We have 6 kids and I have my own business. We have a prenup in place – how does the prenup process work now that we’re actually going to use it?

First of all, in regard to your children, the amount of child support you might be required to pay is not determined in a prenuptial agreement.  The Court will follow state guidelines in making determinations for the amount of child support.

The Texas Family Code and court opinions clearly provide that prenuptial agreements and post-marital partition agreements will be enforced so long as they are not unconscionable (grossly and obviously unfair to one of the parties), were executed voluntarily, and each spouse provided complete disclosure of his or her assets or signed a waiver of disclosure or had adequate knowledge of the other spouse’s property and debts.  If you don’t have a Houston divorce attorney, it’s time to call LaFour Law today.  We can review your prenuptial agreement, the circumstances surrounding it, and then advise you accordingly.

LaFour Law has extensive experience in handling matters unique to the high net worth client and high net worth estate, including complex property division related to a divorce and ethical asset protection via premarital agreements and post marital agreements.

Prenuptial agreements cannot contain passages that violate a criminal law or even public policy.  Thus, if the Court determines that your agreement contains such passages, it may be determined invalid.  An otherwise valid agreement might be set aside if provisions make a spouse eligible for welfare. A court may require spousal support to the extent necessary to take that spouse off welfare.

Texas defines adultery as voluntary sexual intercourse with a person besides your husband or wife. If you are filing for divorce based on adultery, you should be prepared to show the Court proof of the affair.   In the event that you hired a private investigator to gather evidence of this, you should seek legal counsel immediately if you haven’t already.  Depending upon the methods used by the Private Investigator, the evidence found may or may not be admissible in Court.

Furthermore, a finding of adultery has no legal significance. Although in some cases, adultery can be justification to award more of the community estate to the victimized spouse.  A divorce judge in Texas has a lot of discretion in the distribution of a couple’s community property.  Most view adultery as just another sign of a troubled marriage, but other judges may look more dimly on adultery.  Although the marital estate is usually a 50-50 award, in some cases the distribution has been 70% to one spouse and 30% to the other.

Call LaFour Law today at 713-223-7700 to set up a consultation to discuss how we can work together.  An experienced Houston divorce lawyer can assist you in your Houston high net worth divorce in hanging onto the assets that are rightfully yours.

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