Understanding Prenuptial Agreements under Texas Law

spousal support, and other issues that may arise in the event of a divorce or separation. Prenups can vary widely in scope and complexity, depending on the couple’s goals and circumstances.

What Can a Prenuptial Agreement Contain?

• Division of property: Prenups can specify how marital property will be divided in the event of a divorce, including real estate, bank accounts, retirement benefits, investments, and personal belongings. They can also address separate property, which is property that one spouse owned before the marriage or acquired during the marriage by gift, inheritance, or other means.
• Debts and liabilities: Prenups can allocate responsibility for paying off debts and liabilities, such as credit card balances, mortgages, student loans, and taxes.
• Spousal support: Prenups can set forth the amount and duration of spousal support, also known as alimony, that one spouse will pay to the other after a divorce. They can also waive spousal support altogether.
• Business interests: Prenups can address how the couple’s business interests, such as partnerships, corporations, or LLCs, will be treated in the event of a divorce.
• Estate planning: Prenups can include provisions for estate planning, such as creating trusts, naming beneficiaries, and defining the distribution of assets upon death.
• Miscellaneous provisions: Prenups can cover a variety of other issues, such as pet custody, religious practices, and confidentiality agreements.

How are Prenuptial Agreements Enforced?

In order to be valid and enforceable, prenuptial agreements must meet certain requirements under Texas law. These include:

• Written agreement: Prenups must be in writing and signed by both parties.
• Voluntary agreement: Prenups must be entered into voluntarily, without fraud, duress, or coercion.
• Full disclosure: Prenups must include a full and fair disclosure of each spouse’s assets and liabilities.
• Consideration: Prenups must be supported by valid consideration, which means that each spouse must receive something of value in exchange for signing the agreement.
• Public policy: Prenups cannot violate public policy or be illegal.

If these requirements are met, courts will generally enforce prenuptial agreements as long as they are not unconscionable, meaning that they are so one-sided that they are fundamentally unfair.

When Can Prenuptial Agreements be Challenged?

Prenuptial agreements can be challenged on various grounds, such as:

• Lack of capacity: If one spouse lacked the mental capacity to understand the nature and consequences of the agreement at the time of signing, the agreement may be invalid.
• Fraud or duress: If one spouse was induced to sign the agreement by fraud, misrepresentation, or