Prenuptial Agreements in Texas: Why They Matter and How They Work
Getting married is an exciting step, but it also involves significant financial and legal changes. For couples in Texas, a prenuptial agreement (or “prenup”) can be an effective tool to set expectations and protect both parties’ interests before entering into marriage. While the idea of a prenup may seem unromantic or unnecessary to some, it can provide clarity and security for both partners in the event of divorce or death. In this blog post, we’ll explore what prenuptial agreements are, why they might be a good idea for couples in Texas, and what to consider when drafting one.
What is a Prenuptial Agreement?
A prenuptial agreement, also known as a premarital agreement, is a legally binding contract created by two people before they marry. It outlines the rights and responsibilities of each party concerning their assets, debts, income, and other financial matters during the marriage and in the event of a divorce or separation.
Prenuptial agreements can address a range of topics, including:
- Division of property and assets.
- Responsibility for debts.
- Spousal support or alimony.
- Handling of business interests.
- Rights to retirement accounts and benefits.
- Allocation of inheritances and gifts.
- Financial responsibilities during the marriage.
In Texas, prenups are governed by the Texas Family Code and are typically enforceable as long as they meet specific legal requirements.
Why Consider a Prenuptial Agreement?
Although not every couple may need a prenuptial agreement, there are several reasons why one might be beneficial:
Protecting Individual Assets
- If one or both partners have significant assets, such as real estate, investments, or a business, a prenup can specify that these assets remain separate property in the event of a divorce.
Clarifying Financial Rights and Obligations
- A prenup can help set clear expectations about how financial matters will be handled during the marriage, such as how bills will be paid or how joint accounts will be managed.
Protecting Against Debt
- If one partner has substantial debt, such as student loans or credit card balances, a prenuptial agreement can specify that this debt remains the responsibility of the individual rather than becoming a shared liability.
Addressing Spousal Support
- Couples can use a prenup to waive or limit future claims for spousal support, providing certainty about what will happen financially if the marriage ends.
Preserving Family Heirlooms or Inheritances
- A prenuptial agreement can protect family heirlooms or inheritance money, ensuring that these assets stay within the family.
Avoiding Costly and Protracted Legal Battles
- By agreeing on key financial matters before marriage, a prenup can help reduce the likelihood of a contentious divorce and protect both parties from lengthy court disputes.
How Are Prenuptial Agreements Enforced in Texas?
To be enforceable, a prenuptial agreement in Texas must meet certain legal standards under the Texas Uniform Premarital Agreement Act. The agreement must be:
In Writing
- A prenuptial agreement must be in writing to be legally binding. Verbal agreements are not enforceable in Texas.
Voluntarily Signed by Both Parties
- Both parties must sign the agreement voluntarily. If either party is coerced, threatened, or unduly pressured into signing, the agreement can be deemed invalid.
Full Disclosure of Assets and Debts
- Each party must fully disclose their assets, debts, and income to the other. If one party conceals information or provides inaccurate financial disclosures, the prenup can be challenged in court.
Not Unconscionable
- A prenuptial agreement cannot be so one-sided that it is deemed "unconscionable." This means that the terms cannot be grossly unfair or oppressive to one party.
What Can and Cannot Be Included in a Texas Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial topics, but there are some limitations on what can be included:
What Can Be Included:
- Division of marital and separate property.
- Ownership and management of a business.
- Rights to sell or transfer property.
- Financial responsibilities during the marriage.
- Spousal support arrangements.
- Debt allocation.
What Cannot Be Included:
- Child Support and Custody Arrangements: In Texas, decisions regarding child support and custody are determined by the best interests of the child and cannot be predetermined in a prenup.
- Non-Financial Matters: Prenups that include non-financial clauses, such as requirements about personal behavior, household duties, or lifestyle choices, are unlikely to be enforced.
- Waiving the Right to a Future Modification: Agreements that state they cannot be altered under any circumstances may not be upheld if a significant change in circumstances occurs.
Can a Prenup Be Challenged in Texas?
Yes, a prenuptial agreement can be challenged and set aside under certain conditions. Some common grounds for challenging a prenup include:
- Lack of Full Disclosure: If one party did not fully disclose their financial situation or intentionally hid assets.
- Lack of Voluntary Consent: If one party was coerced or under duress at the time of signing.
- Unconscionability: If the agreement is grossly unfair or oppressive to one party.
- Invalid Execution: If the prenup was not properly signed or notarized.
Steps for Creating a Prenuptial Agreement in Texas
Creating a valid and enforceable prenuptial agreement in Texas involves careful planning and consideration. Here’s how the process typically works:
Consult with an Attorney
- Both parties should consult with their own attorneys to ensure that their rights are protected. Having separate legal representation helps prevent claims of coercion or lack of understanding.
Discuss and Identify Terms
- The couple should have open discussions about what they want to include in the agreement. This might involve listing assets, debts, and how they want to handle finances during and after the marriage.
Draft the Agreement
- An attorney will draft the agreement based on the couple’s discussions and ensure it complies with Texas law.
Review and Revise
- Both parties should review the agreement carefully and make revisions as needed.
Sign and Notarize
- The final agreement should be signed in the presence of a notary public.
How Edward Law Group Can Help
If you’re considering a prenuptial agreement in Texas, it’s important to have experienced legal guidance to ensure the agreement is fair, valid, and enforceable. At Edward Law Group, we understand the sensitive nature of these discussions and strive to help couples create prenuptial agreements that protect their rights and provide peace of mind.
Whether you’re planning for a marriage or want to update an existing agreement, contact us today to schedule a consultation. Our knowledgeable attorneys are here to guide you through every step of the process and answer any questions you may have.



