Prenuptial Agreements in Texas
The Texas Family Code defines a prenuptial agreement as “an agreement between prospective spouses made in contemplation of marriage.” It’s not exactly a romantic document, but it can do a lot of good to protect yourself and your property in the event of a divorce.
As seasoned advisors, we provide compassionate representation and personalized advice. We make the process of drafting and discussing premarital agreements as efficient as possible. We pride ourselves on being straightforward and can address any legal concerns you may have throughout your marriage.
Is a Prenuptial Agreement Legally Binding?
A prenuptial agreement is legally binding if the agreement is in writing and signed by both parties before marriage. Oral agreements are not recognized in the courts.
A prenup is not enforceable if a spouse did not voluntarily sign the agreement. It is also unenforceable if a spouse failed to declare the full extent of their assets. If you want to modify your agreement, both parties must agree on the modifications in writing. In signing the modified postnuptial agreement, a couple completely disavows the previous agreement.
There are certain things that are not enforceable by a prenuptial agreement. This includes a parent’s right to child custody or child support and agreements regarding anything illegal.