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The Law Office of Lisa A. Vance, P.C.

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Divorce and Family Law Matters

We are now accepting clients statewide in Texas.

WE ARE WORKING!

As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

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Pre-Nuptial Agreements: What Not to Do

| Jul 14, 2017 | Pre-nuptial Agreements |

When done fairly, and I’m going to go as far as to say when done the “right” way, a pre-nuptial agreement is a great idea. It can help a couple getting married to understand their finances. For a couple that includes children from a previous marriage, it can help that couple have a realistic conversation about wills and trusts. And, should a marriage end in divorce, it can take care of issues that could cause big fights in a divorce before they have a chance to start.


Not everyone goes into the pre-nup process the “right” way, though. Some people don’t know any better. Some people might think they’re getting away with something. But those missteps can actually make a pre-nup invalid if they’re successfully challenged. It doesn’t matter if both parties’ signatures are on the pre-nup if it shouldn’t have been drafted in the first place.

 

One question that lawyers will likely ask as they review a pre-nuptial agreement prior to divorce has to do with what’s called the “benefit of the bargain.” If a person is giving up what would be his or her fair share to assets in a pre-nup, my first question would be, “Why is this person giving this up?” Then I’d wonder what the person is getting in exchange.

 

If it’s not a case where a celebrity marries a non-celebrityit might not be obvious to a judge why someone would agree to this kind of tradeoff. And, even if someone agreed to these terms because he or she was deeply in love, it might not meet the scrutiny that comes when a couple divorces and they’re no longer in love.

 

The time that each party had with the agreement will also come into play. If there was no opportunity for the couple to negotiate the terms of the agreement, it will look bad. If a man presents his fiancée with a pre-nup to sign on Thursday and the wedding is that Saturday, that may not be enough time!

 

Some might think that the last-minute pressure of an impending wedding, and the embarrassment of not going through with the wedding, will cause someone who otherwise wouldn’t agree to a pre-nup to sign one. Those people might get the pre-nup signed at the time, but a signature gained under duress isn’t the same as a signature properly arrived at through negotiation. It’s not just me who feels that way–a lot of judges feel that way too!

 

If there aren’t proper disclosures of information at the time the pre-nup is signed, that can also affect the validity of the pre-nup. If, for example, you have millions of dollars in assets, this will affect what your future spouse will agree to, and if you’re wanted by Interpol, this will affect whether you even would be able to go through with the marriage.

 

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