The short answer is yes. Whether a Texas prenuptial agreement will hold up in court, however, depends on proper execution and making sure specific terms meet Texas legal standards.
What makes a prenuptial agreement valid in Texas?
There are certain legal requirements for a prenup to be considered valid. First, an oral agreement is not acceptable. It must be in writing. Second, both parties must sign the agreement voluntarily. Finally, unlike a standard contract, a prenup needs no consideration.
When Texas courts may not enforce a prenuptial agreement
Courts may decline to enforce a prenuptial agreement under certain conditions. For instance, a challenging party may invalidate a prenup if they prove one of the following:
- The party did not sign it voluntarily.
- The agreement was unconscionable when signed, and prior to finalizing it, the contesting individual lacked realistic awareness of the opposition’s wealth, having neither received transparent monetary details nor formally relinquished their right to review such information.
Beyond these specific grounds, a judge may evaluate the overall circumstances present at the time of execution.
What a prenuptial agreement can cover
Texas law allows parties to address a range of financial matters in a prenuptial agreement. These may include:
- Rights and obligations tied to each party’s property
- Modification or elimination of spousal support (alimony)
- Creation of a will or trust to carry out the agreement’s terms
Prenuptial agreements may not adversely affect a child’s right to support. Agreements also cannot include terms that go against public policy or that impose a criminal penalty.
Putting your prenuptial agreement together
Because the rules surrounding asset disclosure and unconscionability are incredibly strict, a DIY prenup is highly risky. It is strongly recommended that both parties hire an experienced Texas family law attorney to draft and review the document.