Premarital Agreements in Texas

Premarital agreements, also known as prenuptial agreements, have been growing in popularity over the years. These legal documents allow couples to determine how their assets will be divided in the event of a divorce or separation. In Texas, premarital agreements are recognized and enforced by law, making them an essential tool for couples who wish to protect their assets and ensure a smooth separation process.

Understanding Premarital Agreements in Texas

In Texas, premarital agreements are governed by the Texas Family Code, which sets out the requirements and limitations for these legal documents. According to the law, premarital agreements must be in writing and signed by both parties, and should be executed before the marriage takes place. The document should also be notarized to ensure its validity.

The purpose of a premarital agreement is to determine how the couple`s property and assets will be divided in case their marriage comes to an end. This can include assets such as real estate, bank accounts, and investments, as well as debts and liabilities. The agreement can also address issues such as spousal support and inheritance rights.

It`s important to note that there are certain limitations to premarital agreements in Texas. For example, the agreement cannot be used to determine child custody or visitation rights, as these are determined by the court based on the best interests of the child. Additionally, the agreement cannot be used to waive any rights to spousal support if one spouse will be left with insufficient resources.

Why Consider a Premarital Agreement?

There are several reasons why couples may consider a premarital agreement. For example, if one or both partners have substantial assets or debts, they may want to protect their financial interests in the event of a divorce. Likewise, if one partner owns a business, a premarital agreement can ensure that the business remains under their control in case of a separation.

A premarital agreement can also be beneficial for couples who have been previously married or have children from previous relationships. By determining how assets will be divided, the couple can ensure that their children`s inheritance rights are protected.

Finally, a premarital agreement can provide reassurance and peace of mind for both partners, knowing that their financial interests are protected should their marriage end.


Premarital agreements are an effective way for couples to protect their assets and ensure a smooth separation process. In Texas, premarital agreements are legally recognized and enforced, making them a valuable tool for couples who wish to safeguard their financial interests. If you`re considering a premarital agreement, it`s important to consult with an experienced family law attorney who can help you navigate the process and ensure that your agreement is legally sound.