Are Premarital Agreements Enforceable in Texas?

Prenuptial agreements—commonly called “prenups”—are no longer reserved for the wealthy. Today, many couples use them to protect assets, clarify financial expectations, and reduce conflict if divorce occurs. But are these agreements enforceable in Texas? The answer is yes, provided they meet specific legal requirements.

What Makes a Prenup Enforceable in Texas?

Texas law recognizes prenuptial agreements as valid if they meet certain conditions. First, the agreement must be in writing and signed by both parties. Verbal agreements simply won’t hold up in court. Second, the agreement must be voluntary—meaning neither party was pressured or coerced into signing. Courts take allegations of duress seriously, and any sign of undue influence can invalidate the contract.

Another critical requirement is full disclosure of assets and debts. Both parties must be transparent about their financial situation. If one spouse hides significant assets, the agreement could be challenged later. Finally, the terms must be fair and reasonable at the time of signing. While “fair” doesn’t mean equal, it does mean the agreement cannot be unconscionable or heavily one-sided.

Why Do Prenups Get Challenged?

Even when a prenup seems solid, disputes can arise. Common reasons include:

• Lack of disclosure: If one spouse failed to reveal all assets or debts, the agreement may be invalid.
• Evidence of pressure: Signing under emotional or financial pressure can lead to a challenge.
• Unfair terms: Courts may strike down agreements that leave one spouse in extreme financial hardship.

These challenges highlight why working with an experienced attorney is essential when drafting a prenup.

What Can’t Be Included in a Texas Prenup?

While prenups can cover property division, spousal support, and debt allocation, they cannot include provisions about child custody or child support. Texas courts decide these matters based on the child’s best interests, not contractual agreements. Additionally, any term that violates public policy or law will be unenforceable.

Benefits of Having a Prenup

A well-drafted prenuptial agreement offers peace of mind. It can:

• Protect separate property: Assets owned before marriage remain yours.
• Reduce conflict during divorce: Clear terms prevent lengthy disputes.
• Safeguard family businesses and inheritances: Keep what matters most secure.
• Clarify financial responsibilities: Both spouses know what to expect.

Far from being a sign of mistrust, a prenup is a practical tool for planning your financial future together.

FAQ Section

Q: Can a prenup waive spousal maintenance?
Yes, if both parties agree voluntarily and the terms are fair.

Q: Can a prenup protect business assets?
Absolutely. Business ownership clauses are common in Texas prenups.

Meet With Our Team to Learn More About Prenuptial Agreements in Texas

Consult with an experienced family law attorney at Kimbrough Legal, PLLC, for help understanding how prenuptial agreements work in Texas and navigating your rights. We know how to meet you where you are by bringing a warm and reasonable approach to your case. Contact our office today to schedule a meeting about your premarital concerns.