Texas Prenuptial Agreements
Created by FindLaw's team of legal writers and editors | Last reviewed April 06, 2018
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When you're engaged to be married there are myriad decisions to make. One of the possibilities is the choice of entering into a prenuptial agreement. A prenuptial agreement is a contract that establishes the rights and responsibilities of the couple and is generally associated with what happens to the property in the event of a divorce. However, the contract can cover many issues. Because the agreement is made between prospective spouses made in contemplation of marriage, it's triggered by the marriage and takes effect at that time.
Texas Prenuptial Agreements at a Glance
Because statutes contain very detailed and specific language, the literal interpretation is best handled by a skilled legal professional. However, a lay person can benefit from reading a synopsis with basic terms. The chart below provides a summary of laws related to Texas' prenuptial agreements including links to the relevant statutes.
Statutes |
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Content |
Texas law dictates the appropriate content for prenuptial agreements. What can be included in the prenuptial agreement:
What can't be included:
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Amendment/ Revocation |
After marriage, you can make changes to the prenuptial agreement only by a written agreement between the parties. The amended agreement or revocation is enforceable without consideration. |
Enforcement |
There are numerous reasons why a prenuptial agreement may be invalid. If the enforceability of the agreement is in question, the party must prove that they didn't sign the agreement voluntarily. Or that the agreement was unconscionable when they signed it and before signing the agreement, the party:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Texas Prenuptial Agreements: Related Resources
Discuss Prenuptial Agreements with an Experienced Texas Attorney
The discussion surrounding prenuptial agreements can be challenging, but it can be a viable option to explore. If you're contemplating a prenuptial agreement in Texas, you should consider meeting with an experienced attorney before you act. Contact a local family law attorney today.
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