What are Prenuptial Agreements?
Prenuptial agreement or premarital agreement (prenup for short), is a legal step taken in contemplation of marriage to establish the property and financial rights of each spouse in the event of a divorce.
Will the Court Enforce my Prenuptial Agreement?
Texas courts generally enforce properly executed prenuptial agreements. Indeed prenup agreements are presumed to be enforceable. Under Texas Law, a prenuptial agreement must be in writing and signed by both parties. A prenuptial agreement does not require consideration. Parties in a prenup may reach and enter agreement governing the disposition of their respective separate properties and their community property in the event of separation, divorce or death. Texas law also requires that parties to a prenup must make a fair disclosure of their respective property or obligations and that the agreement must be entered into voluntarily.
A court may however, set aside a prenup agreement only under following situations:
A party did not sign the agreement voluntarily; or the agreement was unconscionable when it was signed and, before signing the agreement, that party:
- (a) was not provided a fair and reasonable disclosure of the property of financial obligations of the other party;
- (b) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- (c) did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.
Should I draft my own prenup?
We strongly recommend that parties seeking to enter into a prenup map out their key reasons for wanting a prenup before consulting an attorney—for instance, what assets they are trying to protect, etc. However, we very strongly recommend visiting your trusted family lawyer to help flesh out your key objectives and to ultimately draft a prenup that will be enforceable in court.
Have More Questions about Prenuptial or Premarital Agreements in Texas?
Call our office at 832.538.0833 or 281.954.5299 to set up a time for an initial consultation. You may also complete the online form on this page and tell us what time you would like to meet. We are prepared to jump in and help you determine if prenup is right for you as well as guide you through the process of entering into an enforceable prenuptial agreement.