Prenuptial Agreements in Texas

Prenuptial agreements (formally called "premarital agreements" in Texas, or "prenups" for short) aren't just for the wealthy. An increasing number of married couples in the United States—20% according to a 2023 Harris Poll—have prenups, and 50% support the use of prenups. Prenups are especially popular with younger couples. Over two in five Gen Z (41%) and Millennial (47%) couples reported having signed a prenup in the Harris Poll.

Prenuptial agreement laws vary from state to state. Here's an overview of what Texas requires for a valid, enforceable prenuptial agreement.

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract between two people who plan to marry that essentially allows them to opt out of Texas's community property rules and decide for themselves how they want to share and divide property in the event of divorce. Prenuptial agreements can also cover issues like spousal maintenance (alimony) and inheritance rights.

Couples must finalize a prenuptial agreement before getting married. The contract goes into effect as soon as the couple is legally married.

To learn more about prenups generally, check out: Should You Get a Prenup? What It Is, How It Works, and What to Include.

Who Should Get a Prenuptial Agreement?

In the past, when people heard the term "prenup," they usually pictured an older, rich man trying to protect his assets from a much younger, so-called trophy wife. But prenups are a practical tool that anyone can benefit from, including:

• people who don't want to be saddled with their spouse's debts
• entrepreneurs who want to keep their business separate property
• people with substantial premarital assets
• people who have been married before (especially people who have children from a prior relationship)
• people who don't want to pay spousal maintenance, and
• people who anticipate receiving substantial gifts or inheritances during the marriage and want to protect them.

This list is non-exclusive. If you have any questions about whether you might need a prenup, talk it over with a local family law attorney.

What Can Prenuptial Agreements Cover in Texas?

In Texas, prenuptial agreements can cover almost anything related to money and property, including:

• who owns what property and how it is owned (separately or jointly)
• who gets to decide whether to sell, rent, borrow money against, or give property away
• how property gets split up if the marriage ends in divorce
• whether one person will pay spousal maintenance and, if so, how much and for how long
• who inherits what when one spouse dies (along with other estate planning tools like wills and trusts)
• who gets the money from a life insurance policy if one spouse dies
• which state's rules apply if you disagree about the prenup later, and
• any other matter that doesn't violate Texas's public policy or criminal laws.

Examples of terms that might violate public policy in Texas include lump sum payments that incentivize divorce, spousal maintenance waivers that would leave one spouse destitute, or agreements that attempt to defraud creditors or encourage illegal activity, such as tax evasion.

(Tex. Fam. Code § 4.003 (2025).)

Can a Prenuptial Agreement Determine Child Custody and Child Support in Texas?

In Texas, premarital agreements can't "adversely affect" the amount of child support that one parent would have to pay to the other in the event of a separation or divorce. The right to child support belongs to the child, not the parent. Judges must award child support based on the financial circumstances and custody arrangement of the family at the time of separation or divorce, no matter what the prenup says. (Texas Family Code § 4.003 (2025).)

Similarly, parents can't determine child custody in advance via a prenuptial agreement. Judges must make custody decisions based on what is currently in the "best interests of the child."

Basic Rules to Make a Valid Prenup in Texas

Texas, like most states, has adopted the Uniform Premarital Agreement Act (UPAA). This law spells out exactly what you need to do to make sure your prenup is enforceable in court. For your agreement to be valid in Texas, you must follow these basic rules:

• Put it in writing. A prenup must be in writing; a verbal contract isn't enforceable.
• Sign it. Both you and your future spouse must sign the agreement.
• No consideration needed. Unlike business contracts, prenups don't require any payment or exchange of money, goods, or services (called "consideration" in business) to be enforceable.

(Tex. Fam. Code § 4.002 (2025).)

What Makes a Texas Prenup Unenforceable?

Even if you have a properly written prenuptial agreement, a judge can refuse to enforce it if a spouse can prove:

• The agreement wasn't signed voluntarily. Like any contract, both people signing a prenup must understand the terms and voluntarily agree to them. Judges look for evidence of fraud, duress, or coercion (like threatening to cancel the wedding if the prenup isn't signed right before the wedding) to assess voluntariness.
• The agreement was unconscionable (extremely unfair) when it was signed and important information was hidden. An agreement won't be enforced if it was extremely unfair and all three of the following happened before signing:
  • there was no full and honest disclosure of property and debts
  • there was no voluntary written waiver of the right to that financial disclosure, and
  • there was no adequate knowledge, or reasonable way to know, what was owned or owed.

(Tex. Fam. Code § 4.006 (2025).)

Getting Legal Help

Prenuptial agreements can be a useful tool for couples who want to set clear financial expectations and avoid conflict down the road. If you're thinking about a prenup, or your partner has asked you to sign one, you should strongly consider talking to a lawyer. While hiring a lawyer isn't strictly necessary for a prenup to be valid in Texas, courts are more likely to enforce agreements when both parties had independent legal counsel when it was drafted and signed. A lawyer can answer your questions, help protect your rights, and ensure the agreement matches your intentions and meets all Texas legal requirements.

To learn more, check out: Texas Divorce and Family Law.