06 Aug What Should Be Included in a Texas Premarital Agreement?
A premarital agreement, often called a prenup, is a contract two people sign before marriage. It decides how money and property will be handled during the marriage and what happens to them if the marriage ever ends. In Texas, a well built agreement covers more ground than most people expect. Here is what typically belongs in one, and what Texas law will not let you decide in advance.
What a Premarital Agreement Can and Cannot Do in Texas
Texas is a community property state. That means most property and income earned during a marriage belongs to both spouses equally, unless an agreement says otherwise. A premarital agreement can define what stays separate property, spell out how a business or income will be treated, and address spousal support.
It cannot decide child custody or child support in advance. Texas courts decide those issues based on a child’s best interest at the time they are actually needed, not years earlier at a kitchen table.
Property, Debt, and Business Interests to Address
These are the categories that most often come up in a division of property dispute later, which is exactly why they belong in the agreement now:
- Real estate owned before the marriage
- Retirement accounts and other investments
- A business or professional practice one spouse owns or is building
- Debt each person is bringing into the marriage
- Inheritance or gifts either spouse expects to receive later
- How property purchased during the marriage will be titled and divided
Spousal Support Terms Texas Courts Will Enforce
Texas courts will generally enforce agreements about spousal support, sometimes called spousal maintenance, as long as the terms are not unconscionable, meaning so one sided that a court finds them fundamentally unfair at the time they would apply. Couples can agree to waive support entirely, set a specific amount, or tie support to certain conditions.
Common Mistakes That Make a Prenup Unenforceable
- Signing the agreement too close to the wedding date, without real time to review it
- One spouse not having their own attorney
- Incomplete or dishonest disclosure of assets and debts
- An agreement that leaves one spouse with next to nothing
- Signing under pressure or without enough time to actually think it through
A Texas court can throw out part or all of a premarital agreement if it was not entered into voluntarily, or if one spouse did not receive fair and full financial disclosure before signing.
How the Process Typically Works From Start to Signing
- Each person retains their own attorney
- Both spouses provide full and honest disclosure of assets and debts
- The attorneys draft and negotiate the terms
- Both spouses take real time to review the agreement before signing
- The agreement is signed well before the wedding date, not the week of
At Navarrette Family Law, premarital agreements are a focus area for attorney Rachel Bartek, who works with couples through each of these steps well ahead of a wedding date.
This article is general information about Texas family law. It is not legal advice about your specific situation.
If you are planning a wedding and want peace of mind about your finances, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.