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What makes an asset division agreement enforceable in Texas?

Posted on in Divorce

For many couples who are preparing for a divorce, a high conflict, contentious legal battle is the last thing that they want. You and your spouse may prefer to hire attorneys, a mediator, or both, and privately negotiate an agreement that covers things such as asset division and spousal support, in order to leave as little as possible for the court to decide for you.

This approach can be effective, especially when you have complex assets and you want a greater degree of control over negotiations. As such, you may be wondering what you can do to minimize the possibility of a judge modifying or even throwing out your carefully negotiated agreement.

Challenges to an agreement.

In Texas, if there is a challenge to a divorce agreement, the court has the sole discretion to decide whether a couple’s proposed divorce agreement is enforceable in light of the evidence presented. Out of respect for the parties’ right to contract, judges will typically approve any agreement you bring to them, unless a challenge occurs and the challenger is able to prove that the agreement is unconscionable.

Lack of full disclosure

For example, spouses will sometimes challenge the enforceability of their agreement if they find out that they did not have a full disclosure of the full extent of the marital property before signing the agreement.

As long as you make a full and honest disclosure of your marital assets to your spouse, and as long as they have adequate opportunity to seek the help of an attorney in negotiating the agreement if they wish to, then it is unlikely that a court will invalidate any arrangement that you two come up with.

It may come as a relief to learn that you have the ability to take the property division portion of your divorce into your own hands. As long as you and your spouse can remain civil and cordial, you should be able to negotiate an agreement that is mutually beneficial, so that you can be spared the stress of in-court litigation.

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