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Are Marital Agreements Enforced in Texas?

Marital agreements are enforced in Texas. The Texas Family Code and court opinions clearly provide that prenuptial agreements and post-marital partition agreements will be enforced so long as they are not unconscionable, were executed voluntarily, and each spouse provided complete disclosure of his or her assets or signed a waiver of disclosure or had adequate knowledge of the other spouse’s property and debts. The Texas Supreme Court has held on several occasions that marital agreements will be enforced.



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