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.
Related Topics
- Custom Texas Prenups/Marital Property Agreements
- Online Cohab Agreements Created by An Attorney
- Standard Online Prenuptial Package
- Standard Postnuptial Agreement
Return to Main Topic: Prenups & Postnups
More Information
Are there any assets that cannot be kept separate by a Prenup or Partition Agreement?
No. A properly drafted prenuptial agreement, along with accurate and comprehensive property and debt schedules, can ensure that all of your assets before marriage and everything acquired after marriage, remains your separate property. Read more...Can a prenuptial or partition agreement be modified after it is signed?
Yes. The standard prenup contains a term providing for modification in writing at any time so long as both spouses agree. Read more...Can Children Be Included In A Prenup Or Postnup Agreement?
Texas law will not enforce prenuptial and postnuptial agreements that involve children unless the agreement is in the child's best interest. Read more...Can Spousal Abuse Or Cheating Invalidate A Prenuptial Or Partition Agreement?
Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating. Read more...Common Law Marriage in Texas - Does it Apply to Same Sex Couples?
In July 2015, Texas Family Code section 2.401 still provides that an informal marriage (common law marriage) occurs between a man & a woman when: Read more...Consulting A Prenup Lawyer | Should Both Parties Have One?
It is a common misconception that each party is required to separately consult a prenup lawyer before signing a prenuptial or postnuptial agreement. This is a misconception even among lawyers. Read more...Does the Standard Prenup or Partition Package allow us to buy property together?
Yes. The Standard Prenup & Standard Partition packages both provide that the spouses may purchase property together but are not required to. Read more...Doesn't Texas Law award the community estate 50/50 without a prenup or partition?
No. Texas law does not provide anywhere for a 50/50 division of a community estate. Read more...- How much does a Prenuptial or Partition Agreement cost?
How To Write A Bullet-Proof Texas Postnup Partition & Exchange Marital Agreement
When it comes to knowing how to write a bullet-proof Texas postnup partition & exchange marital agreement, there are two main categories that should be considered: statutory provisions and additional defensive actions. Read more...Is a Texas Prenuptial or Partition Agreement valid in other states?
The agreements available on this site contain language designed to assist other states in putting them into effect if necessary but, ultimately, that depends on the law of the jurisdiction being asked to enforce the agreement. Read more...Is Living Together Really Simpler?
A recent study by the Pew Research Center found that people are marrying later than earlier generations and living together more than ever. Read more...Only An Experienced Family Law Attorney Should Write Or Change A Prenup or Postnup
A marital property agreement is a contract, and the law of contract interpretation applies. Every word means something. Read more...What are the limitations of a prenuptial agreement or partition agreement?
A prenuptial or partition agreement cannot provide terms regarding children born during the marriage. Any decision about children will be made based on their best interest at the time that the decision is made. Read more...Should a Prenuptial or Partition Agreement be recorded in Texas?
Texas law provides that a marital partition agreement (postnup) can be recorded with the county records. Whether or not it is recorded will have no impact on its enforceability between the spouses. Read more...Should An Infidelity Clause Be A Part of A Marital Agreement?
Before we can discuss an infidelity clause, let's define a marital agreement. A marital agreement can be a prenup that is signed before marriage or a postnup that is signed during marriage. Read more...What Happens To My Home If My Spouse Dies Without A Texas Marital Property Agreement?
If your spouse dies without a valid Texas Marital Property Agreement or Will, Texas laws will decide who inherits your property. Read more...What if I wanted to give my spouse money or a gift after we are married with a Prenup or Partition Agreement?
Both the Standard Prenup & Standard Partition Agreements include provisions that permit either spouse to make a gift to the other. Read more...Will Marriage Agreements For Same Sex Couples Apply In Texas
Texas law is in flux and nobody knows exactly how marriage agreements for same sex couples will all work out. Read more...
