Marriage is a partnership, but it’s also a legal contract. A prenuptial agreement (or “prenup”) can help couples clarify financial expectations and protect assets before saying “I do.” Here’s what you need to know about prenups in Texas.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract signed before marriage that outlines:
- How property will be divided in case of divorce
- Rights and obligations regarding debts
- Spousal support terms
- Protection of family businesses or inheritances
Are Prenups Enforceable in Texas?
Yes—Texas law recognizes prenuptial agreements as long as they meet certain requirements:
- Written and signed by both parties
- Voluntary: No coercion or pressure
- Full disclosure: Both parties must disclose assets and debts
- Fair and reasonable: Cannot be unconscionable at the time of signing
Benefits of a Prenup
- Protects separate property
- Reduces conflict during divorce
- Clarifies financial responsibilities
- Safeguards family businesses and inheritances
Common Myths About Prenups
- Myth: Prenups are only for the wealthy
- Fact: Anyone can benefit from a prenup, especially if they own property or have children from a previous relationship.
- Myth: Prenups mean you expect divorce
- Fact: Prenups are about planning for the future, not predicting failure.
What You Cannot Include in a Prenup?
- Child custody arrangements
- Child support terms
- Anything illegal or against public policy
Contact us 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 prenup concerns.