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PERSONAL INJURYMEDICAL LIABILITY Robert Chaiken Rob Chaiken is a member of the State Bar of Texas and is a member of the United States District Courts for Northern Southern East- ern and Western Districts of Texas and the United States Court of Appeals for the Fifth Circuit. HehasbeenselectedasTexasMonthly Super Lawyer a distinction that is awarded to less the 5 of lawyers throughout Texas. He is AV rated by Martindale Hubbell which is the highest ethical and professional rating. He is a frequent lecturer and is also a partic- ipating member and Texas representative of the Child Injury Network an association of lawyers dedicated to child safety issues and the protection of children through litigation when necessary. Q My 26-year-old daughter is engaged and her fianc has asked her to sign a prenuptial agree- ment. What does this entail and should we be concerned APrenuptial agreements are more common now than ever. They have the effect of changing the rules from what Texas law says will happen in a divorce to what the parties agree will happen. To understand the impact its important to first know the difference between community property and separate property. If there is a divorce in your daughters future community property you can think of it as property that belongs to the marriage will be divided. Separate property will go with the person it belongs to. There are several forms of separate property but the three most common are What was owned prior to marriage What was acquired during marriage by gift including a gift from the other spouse What was received by way of inheritance With some exceptions income from separate property belongs to the community. Most of the time the purpose of a premarital agreement is to change community property to separate property. So if your daughters fianc has a good job or owns a business he will likely want the agreement to say that the money he earns from his job or brings in from his business remains his separate property. Otherwise Texas law would make it subject to division upon divorce. The agreement might also say that no community estate will be created at all that the only property owned will be either his or hers. She might also see some more complicated provisions like contingencies for the marriage lasting longer than a certain pe- riod of time or having children. The more complicated and convoluted a pre-marital agreement is the more difficult it may be to enforce later. To be enforceable at all the agreement will need to be in writing and signed by your daughter and her fianc. There is nothing wrong with these agreements so long as everyone knows what theyre giving up and what theyre getting. It will be important for your daughter to know the extent of her fiancs property and debts just as its important for her to have her own attorney involved in the drafting and review of the final product. - Jeffrey Anderson Orsinger Nelson Downing and Anderson LLP goodADVICE THE EXPERTS ESTATE PLANNING AND PROBATE Corinne Frank Corinne Gallant Frank is an attorney in pri- vate practice with Law Offices of Mirliss and Frank PLLC. She joined Law Offices of Mirliss and Frank PLLC in 2014 which offers services to clients in Dallas Collin Denton and sur- rounding counties. She is a 1991 graduate of The University of Texas School of Law. She lives in Plano with her husband and children andinhersparetimesheenjoysvolunteering with both a pro bono legal services organiza- tion and in the community with her children. FAMILY LAW Jeffrey Anderson Jeffrey Anderson joined Orsinger Nelson Downing and Anderson LLP in 2012 after 17 years of running his own firm The Anderson Law Group. He has devoted his legal career to Family Law litigation and the betterment of the field of Family Law as a whole. Jeff is Board Certified in Family Law by the Texas Board of Legal Specialization and is a Fellow of the American Academy of Matrimonial Lawyers. He has been named to the Texas Super Lawyers list every year since that dis- tinction has been granted and consistently named one of D Magazines Best Lawyers in Dallas. Have a legal question Email your questions to TriciaGoodLifeFamilyMag.com