ABOUT BRIAN McNAMARA, ATTORNEY AT LAW

My name is Brian McNamara. I am an attorney who has practiced family law in Texas since 1992. I have represented countless clients in hundreds, perhaps thousands, of divorces and other family law matters. For years, I have commented that a courtroom is the wrong place to end a marriage. Even with the modifications provided in the Texas Family Code, the rules of evidence and procedure are more appropriate for contract cases or auto wrecks. It is a terrible way to end a marriage, and makes a difficult situation even worse.

A prenup or a partition agreement can help alleviate many of the worst aspects of divorce. It is impossible for most people getting married to imagine the possibility of divorce, but the reality is that divorces are common. People live longer than ever and nobody can predict how circumstances and people will change over the years. Nobody enters into marriage expecting a divorce, but, unfortunately, it happens frequently.

People have homeowner’s insurance to protect against an unexpected tragedy. Nobody expects to their house to be destroyed but knows that occasionally it happens. Just in case, you maintain homeowner’s coverage. Divorce is much more common than houses burning down. A prenup is not insurance, but it can provide the same peace of mind.

I have designed this site to help more Texans retain control over their assets in the event of divorce. Texas law provides that a judge shall divide an estate in a just and right division. There is no automatic 50/50 division. I have represented many clients who never thought they would be divorced and all wished they had executed a premarital agreement.

With a prenup both spouses maintain control of their assets. Texas law is clear that prenups and partition agreements are completely enforceable. There is no formula for the division of assets in a prenup or partition agreement. It can provide that everything remains separate throughout the marriage and there is no community property, or it can provide that the community property should be divided 50/50, or anything else.

After representing hundreds of family law clients in settlements, mediations, and courtrooms, I have sought to use that experience to make prenups and partition agreements available to all Texans. To learn more about marital agreements, what you can and cannot do, the difference between a prenup and a partition agreement, and more, please read through the rest of this site. If you would like to purchase a prenup or partition agreement please click on the tabs to your left.

This is a link to information about me at the State Bar Of Texas. Here is the link to the website for my office practice www.McNamaraLawyers.com. I am a member of the family law sections of the Houston Bar Association and the State Bar of Texas. I am also a member of the College of the State Bar of Texas and president of the Northeast Harris County Bar Association. Click here for a list of seminars that I have taken over the last several years.