A prenuptial agreement (premarital agreement in Texas law) is a contract entered into before marriage that defines how property will be characterized and divided if the marriage ends in divorce or death. In Texas, these agreements are governed by the Texas Uniform Premarital Agreement Act (TUPAA), which sets specific requirements for validity and enforceability.
For a Texas prenuptial agreement to be enforceable, it must be in writing and signed by both parties voluntarily. The voluntary requirement is taken seriously — courts will void an agreement signed under duress, under undue influence, or without adequate time to review. Best practice is to complete and sign the agreement well before the wedding date, not the night before. Both parties should have their own attorneys review the agreement before signing.
Texas prenuptial agreements can address the characterization of property as separate or community, the disposition of property on death or divorce, modification of spousal maintenance rights (with limitations), and other financial matters. They cannot affect child support or child custody — those are determined at the time of divorce based on circumstances existing then.
Both parties should make a full financial disclosure before signing. While Texas law does not technically require full financial disclosure the way some other states do, an agreement challenged on the basis that one party didn't have fair and reasonable disclosure of the other's assets is more likely to be successfully challenged. Full disclosure protects the agreement.
What You Need to Know
Key Facts About This Case Type
Must be voluntary
Courts void prenuptial agreements signed under duress or with inadequate time to review. Sign well before the wedding. Both parties should have independent legal counsel review the agreement.
Financial disclosure strengthens enforceability
Full disclosure of assets, debts, and income by both parties is not technically required in Texas but makes the agreement substantially harder to challenge on unconscionability grounds.
What it can and cannot cover
Can cover property characterization, spousal maintenance modification, and property distribution. Cannot predetermine child support or custody — those are determined at divorce based on then-current circumstances.
Postnuptial agreements are also available
If you're already married, a postnuptial (marital property) agreement can accomplish many of the same goals. These are generally held to a higher standard of scrutiny than premarital agreements.
Common Questions
Frequently Asked Questions
Related Practice Areas
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