common law marriage & Marital Agreements

Informal Marriage or Common Law Marriage: If a couple has agreed to be married and have lived together in Texas as husband and wife, and have represented themselves to others that they are married, they may be considered to have an informal marriage (informally known as common law marriage). Another way to establishing an informal marriage is by completing and filing a Declaration & Registration of Informal Marriage with the county clerk's office. This declaration and registration is simply a method of establishing an informal or "common law" marriage, but is not an independent baisis upon which a marriage may be founded.

If you need to consult with an attorney on whether or not your relationship meets the criteria for an informal or "common law" marriage, or need to discuss the option of divorcing based upon an informal marriage, Jill O'Connell Law can advise and assist you with this process.

Pre-Marital Agreements: A premarital agreement is defined as an agreement between two prospective spouses made in contemplation of marriage and to be effective on marriage. A premarital agreement must be in writing and signed by both parties. A premarital agreement is a contract and provisions within the agreement may be enforced to the extent that they are enforceable under the law. For example, even though some premarital agreements may be disproportionate it does not mean that the agreement is not enforceable.

Premarital agreements can be complex in nature and require the skill set of an experienced attorney who is knowledgeable in matters such as: homestead rights, ownership rights from a life insurnce policies, the making of a will, trust or other arrangement to carry out the provisions of the agreement, spousal support and ensuring that the your personal rights and obligations are not in violation of public policy or a statute imposing a criminal penalty.

Contact the O'Connell Law Firm to discuss your need to have a pre-marital agreement prepared on your behalf, or if you are in need of advice and/or representation if you have been asked to execute a premarital agreement. Jill O'Connell has the knowledge and experience to assist you with the preparation of this instrument or representing you in order to protect your property, interests and/or rights.