What Is a Texas Prenuptial Agreement?
The Uniform Premarital Agreement Act (UPAA) defines premarital agreements within Texas Family Code Sections 4.001 to 4.010. Two people considering marriage must adhere to these rules when creating a contract, or prenup, that describes how their marriage will unfold. The financial obligations and rights of each spouse are often the focus of these agreements, but they can also include other terms related to the marriage.
Premarital agreements are especially useful in Texas because it is a community property state, as per TX Fam Code § 3.001. Under this statutory scheme, each spouse owns an equal share of the property acquired during the marriage. The state assumes all property will then be divided equally in a divorce agreement or by a court judgment.
A Texas prenuptial agreement allows couples to override that assumption and define which property in their marriage is separate and which is communal. That way, both spouses can protect their premarital assets, manage debts, and clarify financial roles as they join together in marital union.
How to Write a Prenuptial Agreement in Texas
You can write a prenuptial agreement in Texas by using our form builder to input the following items that will determine the terms of your contract:
- Add background information: List each spouse’s full legal name, address, any previous marriages, and children from past relationships.
- Split property ownership: Decide what happens to property you owned before the marriage and anything you buy during the marriage. Will each person keep their own, or will you share it equally or by percentage?
- Determine property: For major purchases, like a house, decide who will keep it after a divorce, or whether it will be sold and the proceeds divided.
- Assign business ownership: List any businesses owned before the marriage. If a business is started or bought during the marriage, state how ownership will be handled in case of divorce.
- Disclose debts: Share full details of all debts. Then decide whether to keep debts separate or combined, and who will be responsible for any new debts.
- Filing taxes: Choose whether you will file taxes jointly or separately.
- Housing costs and arrangements: Decide who will pay for housing costs and how those costs will be shared (equally, by percentage, or by another method).
- Spousal support: State whether one spouse will pay alimony if you divorce, or if both parties will waive this right.
- Disability and death: Plan how finances and responsibilities will be handled if one spouse becomes disabled or passes away.
- Review and sign: Go over the agreement carefully. Decide how you will handle any future disputes. Then, sign and notarize the contract to make it legally valid.
Sample Texas Prenuptial Agreement
You can view a sample Texas prenuptial agreement below. When you’re ready, you can edit this template with our document editor and then download in PDF or Word format.
Legal Requirements for a Texas Prenuptial Agreement
TX Fam Code 4.006 imposes several legal requirements for couples to draft and sign an enforceable prenuptial agreement. Those who fail to meet these legal requirements will likely be unable to enforce the terms of the prenuptial agreement in a divorce.
Signing and Enforceability
Each spouse must voluntarily sign and date the prenuptial agreement. The agreement must also be in writing. Have a Texas public notary complete an acknowledgment form to certify the authenticity of the prenuptial agreement.
Each spouse must also sign the prenuptial agreement without any fraud, duress, undue influence, or coercion. A court may invalidate a prenuptial agreement that fails to meet this standard because it would mean one or both spouses did not sign the agreement voluntarily.
Financial Disclosure
To make a valid and enforceable prenuptial agreement in Texas, both spouses must give each other an accurate financial disclosure, or they must waive the right to receive the disclosure in writing, as per TX Fam Code 4.006(2)(B).
The disclosure can be a schedule each spouse adds to the Texas prenuptial agreement. This schedule lists all assets and debts, along with their current values. Spouses not given a fair and reasonable financial disclosure before signing the prenuptial agreement may be able to challenge its enforceability in court if they did not waive their right to the disclosure.
Excluded Terms
TX Fam Code 4.003(8) prohibits a premarital agreement from containing any terms that go against public policy or that violate a statute imposing a criminal penalty. A Texas prenuptial agreement also can’t include terms that negatively affect a parent’s right to collect child support.
Spousal Support Waivers
You can agree to waive the right to spousal support in a prenuptial agreement in Texas. However, the agreement must comply with all other requirements for Texas prenuptial contracts to make the waiver valid in a divorce proceeding.
Modifications and Sunset Clauses
Circumstances may occur during the marriage that prompt you and your spouse to agree to change the terms of the premarital agreement. The change must be in writing in order to be effective. You can accomplish this easily with our Texas postnuptial agreement form.
A prenuptial agreement can also contain a sunset clause that establishes an expiration date for one or more terms. For example, a sunset clause could limit a spousal support waiver to the first five years of the marriage.
