July 25, 1978 marks a big moment in medical history. The first test-tube baby was born that day. In the nearly 40 years since then, reproductive technology has advanced on many fronts. What has failed to keep pace, as many legal scholars in Texas and elsewhere observe, is the law concerning this area. Of particular sensitivity is the question of frozen embryos.
In one post in the not too distant past, we talked a bit about the dangers of being unclear about legal terms when drafting binding documents. The lesson offered in that post was that failing to be clear on the definition of remarriage under Texas law meant an ex-husband remained on the hook for a sizable amount of spousal maintenance.
It doesn't much matter what legal issue you are dealing with. The law is complicated. As such, there is always a chance of an error being made. In Texas and every other state, the right to appeal a court decision exists, including many under family law. However, knowing whether an issue stands a chance of being won on appeal is something that comes with experience.
Read everything before you sign it. That is common advice. You don't have to live in Texas to be familiar with the concept. If you sign something without reading it and then find out it said something you didn't know about or didn't expect, you shouldn't count on a court to rule your way if there's reason to raise or fend off a challenge.
Attorneys nationwide, including here in Texas, are reportedly experiencing an increased number of clients consulting with them about postnuptial agreements. Many couples recognize the importance of prenuptial agreements, but as circumstances change during their marriages, issues may arise that may need to be addressed in legal agreements. Also, some couples start their married lives with little assets and see no need for prenups -- a vision that may change as assets are accumulated, businesses started, investments made and more.