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What Does a Prenuptial Agreement Cover in Texas?

Aimee Pingenot Key | March 12, 2024

A premarital agreement could be the secret to a stronger, happier marriage. Creating prenuptial agreements in Texas can provide couples with the opportunity to work together and talk about hard issues, including finances, independent estates, and what they want to form together, before they get married. Having a prenup agreement in Texas encourages couples to sit down and have constructive conversations about what their future looks like financially before they enter into marriage, which can save a lot of heartache and difficult conversations in the long run. If a marriage ends in divorce, a clear framework has been laid out to guide dissolution in a concrete and cost-efficient manner.

What Does a Prenup Cover?

A premarital agreement is a legally binding contract that each spouse agrees to prior to the marriage that clearly defines how to treat and divide debts and assets during the marriage, in a divorce, or after death. But what does a prenuptial agreement cover in Texas specifically? When drafting a prenuptial agreement, couples often ask what to include in a prenuptial agreement, and what you can include can vary by state. According to the Texas Uniform Premarital Agreement Act, valid prenuptial agreements in Texas can include:

• The disposition of property in the event the spouses’ marriage ends due to divorce or death
• The spouses’ rights and obligations regarding any property they acquire
• The spouses’ rights to use and transfer property

However, that is not all a prenuptial agreement in Texas can cover. In addition to property and financial terms, a Texas prenup can also include the couple’s wishes related to:

• Changing family names upon marriage
• Who is financially responsible for certain expenses
• The creation and use of joint bank accounts
• Dispute resolution methods, such as marriage counseling
• The effect of extramarital relationships in a divorce, such as property division

By working with an experienced family law attorney, you can tailor your premarital agreement in Texas to fit you and your future spouse, ensuring that it covers everything you need as a couple. An attorney can help you determine what to include in a prenup to protect both parties’ interests.

Who Should Get a Prenuptial Agreement?

Traditionally, a prenuptial agreement in Texas is thought of as being a tool for high-net-worth couples with a lot of assets. However, Texas prenuptial agreements have been modernized and can be beneficial for most people, especially couples who gained success through dedicated work and long hours before marriage. This can include people who have children from previous marriages or relationships, trusts, or family-owned businesses who need to establish a clear understanding prior to any marriage agreement.

Couples entering into a prenuptial agreement in Texas must be open to communicating honestly and openly with their spouse about their worries, estates, expectations, and future goals so both parties can create a prenup that works for everyone.

How Can I Ensure That My Prenuptial Agreement Is Enforceable in Texas?

For a prenup in Texas to be considered enforceable, it cannot contain any provisions that implicate criminal culpability or violate public policy. If the couple has or plans on having children, the prenuptial agreement also cannot interfere with a child’s right to receive the necessary support from a parent, so a provision that functions to impact child support cannot be enforced. By consulting an attorney experienced in prenuptial agreements, you can get the specifics about what is needed to ensure that your agreement is enforceable in the state of Texas.

Can You Change a Prenup After Marriage or Terminate it Entirely?

Yes. A married couple can jointly amend or terminate an existing premarital agreement after marriage by creating a written postnuptial agreement that alters or disavows the original prenup. If you wish to enter into a new prenup after marriage in Texas, each spouse must agree to the changes and record the new agreement in writing.

Contact an Experienced Family Law Attorney for Help With Prenups in Texas

At Goranson Bain Ausley, we work closely with couples to help them draft a premarital agreement that is customized for their unique needs. It’s best to start thinking about what to put in a prenuptial agreement well before you say “I do” and then contact an experienced Goranson Bain Ausley family law attorney to learn about your options for a prenup in Texas. The more time that you and your future spouse have to talk about, envision, and create your future contract and relationship, the easier and more productive the process will be.

To learn more about prenuptial agreements in Texas, contact Aimee Pingenot Key at 214-612-7303.

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