Getting married in Texas? Understand how a legal prenup can help you protect yourself and your family and strengthen your relationship.
Find out more about prenuptials
by Swara Ahluwalia
Swara has over six years of writing experience in the software, manufacturing, and small business segments. When she .
Updated on: July 28, 2024 · 8 min read
A prenuptial agreement in Texas is a contract signed between a soon-to-be-married couple. The agreement explains how property and financial obligations, debts, and other significant assets will be handled in case the marriage ends. Just as business owners protect their business assets via business contracts, many couples in the Lone Star State decide to protect their personal rights and interests via a prenuptial agreement.
If you aren’t sure if a prenup is right for you and your future spouse or want to learn about Texas prenup laws, consider this your ultimate guide.
A prenuptial agreement might be the secret ingredient for a good marriage. Prenups encourage honest communication about finances and reduce stress and uncertainty around “what ifs” that life may bring.
Drafting a Texas prenup requires careful consideration. Otherwise, the document won’t pass muster in court. If you’re serious about getting a valid prenuptial agreement in Texas, here’s all you need to know.
A prenup is a written contract between prospective spouses. It is also known as a prenuptial or premarital agreement. The document details each partner's personal rights and responsibilities in the event of a divorce, legal separation, or death.
Both parties need to sign the legal document before your marriage is official (the day you get your marriage license). The Texas prenup takes effect the day of the legal wedding.
Debating whether a prenuptial agreement in Texas is right for you? Here are some circumstances where getting a premarital agreement might be beneficial:
Have more doubts about whether a prenup is right for you? It’s highly advisable to consult an experienced family law attorney and make an informed decision.
The Texas Family Code, Chapter 4, governs the laws and requirements around prenuptial agreements in Texas. This Texas law has statutes imposing what makes the prenup valid and legally enforceable.
Per Texas prenup laws, a married couple can include the following provisions in their prenuptial agreement:
Prenuptial agreements in Texas can’t include clauses that:
Talk to a family law attorney to get more information about all the topics a premarital agreement in Texas can and cannot cover.
The Texas Family Code explicitly states that a prenuptial agreement can’t include conditions concerning child custody, child support, and visitation rights. What does this mean? In simpler terms, it means that spouses can’t decide to say, “We won’t provide child support” or “We will only give X amount in child support” in the prenuptial agreement.
Texas courts will decide child custody and financial support arrangements based on the best interest of the child at the time of divorce or legal separation. The child support amount is commonly decided using a formula based on the higher-earning parent’s income.
It’s important to understand the limitations Texas statutes impose because any attempt to include child-based clauses in the prenuptial agreement will make it invalid. Any other terms that negatively impact a child will also be deemed unenforceable.
Texas prenup laws do allow the inclusion of spousal support or alimony provisions. Alimony is the amount of financial aid the higher-earning partner might have to provide the other party in the event of a divorce.
You and your future spouse can include the following provisions in the prenuptial agreement:
One thing we do want to highlight is that Texas is a community property state. Usually, any asset or property acquired by a married couple is defined as community property or marital property. Any assets (houses, cars, etc.) owned before marriage are considered separate property and will remain with the original owner.
If you don’t address property rights in your premarital agreement, then Texas courts have the decision-making authority. They consider things such as the length of marriage, earnings, and needs of each party. In the event of a divorce, they will use these various factors to determine how to split any property owned.
Texas follows the Uniform Premarital Agreement Act (UPAA). For a Texas prenup to be enforceable and legally binding, it must ensure fairness and meet the following requirements:
Yes, you can write your own prenuptial agreements in Texas. But going the DIY route might not be the best way to proceed. There are several legal nuances that you might overlook that can come to haunt you later.
Work with a family law attorney to avoid any surprises. An experienced attorney can draft a valid prenuptial agreement that best represents your circumstances and financial goals. They can also assist you in making other arrangements if there is a disagreement or conflict of interest.
Drafted a prenup and feel that it no longer represents your best interests? Luckily, it is possible to make updates if the document hasn’t gone into effect (you are yet to be married). Modifying the prenuptial agreement involves negotiating new terms. Then, you have to agree to the updates and sign the new written agreement. The new agreement must state that it overrides the older version.
What if you want to change the prenup after marriage? You can do this by drafting and signing a written postnuptial agreement. These legal documents are also known as marital agreements or marital property agreements.
Getting a valid marital property agreement is a tricky process. It’s best to enlist the help of an attorney who has adequate knowledge in the field of divorce and family law to guide you.
You can terminate a valid prenuptial agreement. Both spouses need a new written agreement stating that the old prenuptial agreement has been terminated. Both spouses must sign the new agreement voluntarily. No force or pressure can be used.
There is no Texas law governing when a prenup should be signed. But, we recommend that the final draft be reviewed at least 30 days before the marriage is official. This prevents the other party from claiming they were forced or pressured into signing because the marriage date was close.
Prenuptial agreements can cost you anywhere from a few hundred dollars to $10,000.
The cost of drafting a prenuptial varies. This is because the costs depend on several factors, like the complexity of the terms, the attorney’s experience and fees, location, and how open to negotiations you and your future spouse are.
You might believe that thinking about a prenup before marriage is a bad omen, but it isn’t. In reality, and when written correctly, prenups help prospective spouses. They put a married couple on the same page concerning their financial future and provide a clear framework to navigate unexpected challenges.
This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
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