Coronavirus, Divorce and Family Law:

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Higdon Hardy & Zuflacht is taking a safe but proactive approach to the Coronavirus situation in our law practice. We are working every day to represent our family law clients. At the same time, we are following best practices to protect the health of our employees and our clients. To read more please Click Here

All our employees understand that they should not be working if they are sick, and in particular, that they should not be at our office while sick.

To further protect our employees and our clients we are encouraging meetings by phone, Zoom, Skype or similar means. We have represented clients from out of state and out of the country in this manner for many years. Our clients often prefer this to traveling to our office.

We are also working with the divorce and civil courts, as well as opposing counsel, to arrange court appearances, settlement conferences, and other litigation events remotely whenever possible.

To further protect the health of all concerned, all our attorneys and staff have the technology and capability to work on cases and with clients from home as well as at the office. Your phone calls will be returned. Your emails will be answered. Your case deadlines will be met.

The days ahead may be a challenge. We do not yet know the extent to which particular courts will curtail trials or even the extent to which HHZ will have clients and other guests come to our office. We will continue to work to take care of our clients’ cases and to take on new matters and clients. We will simply manage your case in less traditional, more technology-driven ways, that are safer for your health and ours.

Thank you for your trust.

Trust Our Experience. Family Law is what we do.

All of the partners at our firm are Board Certified in Family Law - less than 1% of Texas lawyers achieve this distinction.

The role of a postnuptial agreement in divorce

When people in Texas marry, they likely do so with the intention that the marriage will last forever. Even with this intent in mind, it is often prudent to plan ahead and consider who will carry the burden of certain debts and how certain assets will be divided if a divorce occurs. One tool that many couples use is a postnuptial agreement.

While most people are familiar with a prenuptial agreement, they may be less familiar with a postnuptial agreement. Similar to a prenup in many ways, a postnuptial agreement is signed after a marriage has occurred. To be upheld, assets and liabilities must be disclosed, and the agreement must not be deemed unconscionable by the court.

There are several reasons why a married couple might turn to such a tool. In some cases, it may be a matter of updating an existing prenuptial agreement. They can also aid in maintaining family harmony by ensuring that a family asset such as a business remains in the family. For example, parents might ask a child who is set to inherit a family business to seek a postnuptial agreement to ensure that the business remains intact if his or her marriage fails. They are often sometimes utilized to record a prenuptial agreement that was never put in writing.

Some would argue that postnuptial agreements are scrutinized much more closely by the courts in the event of a divorce. However, an attorney with family law experience can help a person in Texas create a document that is both fair and enforceable. In fact, both members of the couple need to have representation as they create and agree to such a contract.

Source: msbusiness.com, “WE LAW – Postnuptial agreements: Do you need one?“, Susan Steffey, April 21, 2016

Higdon, Hardy & Zuflacht, L.L.P. 12000 Huebner Rd #200 San Antonio, TX 78230 Telephone: (210) 349-9933 Fax: (210) 349-9988
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