Preventative & Protective Family Law Issues


Preventative & Protective Family Law Issues
Contested Family Law Matters: 

Preventative & Protective Family Law Issues: 
• Post-Marital Agreements
• Cohabitation Agreements
• Custody Agreements

Family Creation:
• Gestational Agreements
• Surrogacy Agreements
• Step-Parent Adoption

Preventing Problems Before They Start

In the law as in life, an ounce of prevention is often worth a pound of cure. Here at the Law Office of Perkins & Janis, we take pride in helping couples and families avoid legal disputes. By addressing common issues that occur when a relationship breaks down before or during the relationship (including cohabitation or marriage), couples can negotiate solutions to those potential issues with the hope to avoid costly litigation and emotional distress later in the relationship.

We help couples and families reach a number of different agreements, including but not limited to, pre-marital, custody, and post-marital agreements; a few are discussed below. Always keep in mind that property laws and these areas of family law are complicated and attempting to do them yourself can lead to further issues. An experienced attorney will make sure that the agreements comply with the law and protect your interests fairly. If you need a property or custody agreement, whether it is pre- or post-marriage, cohabitation, partition, custody, or other type of agreement, prepared and you live in the San Antonio or New Braunfels, TX area, call the Law Office of Perkins & Janis for a consultation.

Learn More About Pre-Marital Agreements, Post-Marital Agreements, and More


Also known as a prenuptial agreement or commonly called a prenup, this is a legal document setting out how assets and debts will be shared between two spouses. The agreement can also set out custody arrangements as well as child support and even spousal support. It can protect your separate assets and is especially useful when you own substantial assets prior to marriage or you have already children born prior to the marriage. The agreement can also address any debts of you or your spouse and protect your assets. It can also detail how a married couple’s debts and assets will be divided in the event of divorce, death of a spouse, or a breakup of the marriage to protect children. Generally, a pre-marital agreement is meant to avoid lengthy and costly divorce proceedings should the marriage end, and it is negotiated and signed before the wedding takes place.


A post-marital agreement is very similar to a pre-marital agreement in terms of the topics it covers. However, instead of being prepared and filed before the wedding, it is prepared during the marriage.

Cohabitation Agreements

This is a legal contract between two parties who live together as a couple but are not married. The law provides very little protection for people who live together as a couple but are not married. This type of agreement can be completed for any couple in a romantic relationship. The cohabitation agreement often addresses issues such as mortgage payments, property interests, and other financial agreements. This agreement is meant for two people who wish to protect themselves from legal costs and proceedings should the cohabitation break down. It can also act as a prenuptial agreement in some ways, since it can spell out a division of assets. 

Custody Agreements

This is a legal document outlining the guidelines for child custody between parents. It is included along with divorce or separation proceedings, although it can also be drawn up for couples who were never married. Custody agreements generally outline when each parent has visitation with the child, the rights and duties of each parent, special provisions relating to parenting and the child, and child support issues.


While there’s no need to get a court order to change your name when getting married, a request for a name change must be included in the divorce or filed as a separate lawsuit outside of marriage and divorce. This applies for both adults and children. In the case of a divorce, the name change must be a name the party has used before and contained in the final divorce decree.

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