The Complete Guide to Texas Prenuptial Agreement Forms

What is a Prenuptial Agreement?

To understand the purpose of a prenup, you need to have a basic understanding of marriage – not just of love and romance, but of the contract that people sign when they get married. When you use the Texas premarital agreement form to create a prenup, you are not just declaring your love for your future spouse to witness at your wedding. In fact, you are not declaring anything at all about your future spouse.
You are instead reiterating the contractual nature of your marriage. You are recognizing that your marriage is a contract and that by signing it , you both agree to the terms you have laid out on paper. Under Texas law, a prenuptial agreement is enforceable as long as 5 conditions are met:
The purpose of a prenuptial agreement is to reduce the potential for conflict during a divorce. In other words, you two sit down together before you get married and make a plan regarding what will happen if you split up. If your prenup is valid, you and your future ex already have an agreement on how things will go, which you can then defend to the court. That means a prenuptial agreement can help your divorce proceed more smoothly.

Advantages of a Texas Prenuptial Agreement

A prenuptial agreement is a practical tool for individuals and couples in Texas who are preparing to marry. When utilized effectively, this type of agreement can help individuals protect their assets, simplify debt management, and clarify expectations for the future. While no one goes into marriage with the intention to separate or divorce, these arrangements can be especially valuable in the event that you and your spouse do find yourselves in the midst of a contentious divorce. One of the central benefits of a prenuptial agreement is protecting the property you bring into the marriage. Individuals often hold valuable assets that they wish to continue owning independently of their spouse. When a couple holds premarital property without a prenuptial agreement, creditors may be able to reach such property for debts incurred during the marriage. Because prenuptial agreements establish a legal separation of property, they allow the primary owner to retain full ownership over assets despite the fact that they were managed during the marriage. While the specifics of each prenuptial agreement vary from person to person, a prenuptial contract allows couples to manage their debt accordingly. When one or both spouses possesses substantial debt, such as credit card or personal loan debt, it is crucial to plan for those issues in advance. The right prenuptial agreement can protect the financially stable spouse from having to establish a joint credit account or co-sign a large bank loan. Furthermore, a prenuptial arrangement protects the debtor if the other spouse is unable or unwilling to pay off a joint debt, even if that spouse has the resources to do so. Many individuals and couples who enter into prenuptial agreements benefit from simply clarifying expectations for the future. Such peace of mind makes it easier to focus on a marriage built to last. A qualified attorney can also provide insight regarding any issues that a couple may not have anticipated.

Legal Conditions for a Valid Texas Prenup

For a premarital or prenuptial agreement in Texas to be enforceable, both parties must have had the opportunity to consult with independent legal counsel. Additionally, it must be signed voluntarily and cannot be unconscionable at the time of its signing (meaning it cannot be truly one-sided). Importantly, it’s advisable for both parties to have the opportunity to review the agreement fully and negotiate its terms.
Most importantly regarding the enforceability of a Texas prenup, the agreement must be signed by both parties "before" the marriage, making it a non-revocable contract. Although the agreement can be revoked in writing during marriage, the agreement establishes a contract that is only subject to revocation in writing. This means that if one person dies, is a victim of a tragedy, goes missing or there’s a divorce, the agreement is only enforceable and valid if it was signed before marriage and the changes to the agreement were also formally acknowledged by both parties in writing.
A very essential element of the enforceability of a Texas prenuptial agreement comes down to the disclosure of assets. In other words, were both assets actually disclosed? If one of the parties fails to disclose all material assets or debts, the prenuptial agreement is invalid and unenforceable. Full completion of the premarital financial statements is thus extraordinarily important. The Texas courts have held that both parties have to have a reasonable comprehension and understanding of the other’s assets and debts. Again, the best way to do this is to complete the prenuptial financial statements. This should happen, however, sometime after the engagement, once most of the terms are finalized and negotiated, but before the wedding.

Drafting a Texas Prenuptial Agreement Form

A prenuptial agreement form is just a written agreement wherein both the parties listed will sign prior to becoming within the bounds or the legal status of a marriage. The writing down of the information on a prenuptial agreement form will help out both people in the relationship if and when any legal issues arise in the future.
The contents of a Texas prenuptial agreement form will of course vary per state law and specific instructions of each couple. The majority of couples however will include all or most of the following information on their prenuptial agreement forms:

All of the assets owned by each individual prior to the date of their marriage
Information on how things are going to be handled if either person passes away in the marriage
Information about how community property is to be handled during the marriage
A detailed outline on how assets and/or liability will be handled if any result in a separation or divorce
How hidden assets are going to be handled between the two (if unearthed)
If both people want to grant one another the right to establish their own bank account or accounts once the marriage has begun
How each person’s finances are going to be handled throughout the marriage

The process of creating a Texas prenuptial agreement form will involve the agreement of both people within the marriage. For example, one person will write down everything that they want to be protected (assets, liability, etc.), then that written-down agreement will be shown to the other person, this continuing until a full list of items is created and acceptable to both people involved.
It is also recommended that both individuals and/or couples consult with an attorney before signing a prenuptial agreement. This is not a requirement but it is advisable especially if the couple have a good amount of assets to protect. An attorney can be very helpful when it comes to understanding legal terms and understanding your rights, especially as a prenuptial agreement holder in Texas.

Typical Provisions in a Texas Prenup

Property Division: One of the most common clauses in a Texas prenuptial agreement specifies how the couple’s property will be divided in the event of divorce or death. This may include definitions of what is defined as separate property versus community property, as well as specific ownership of assets and liabilities each spouse will retain.
Spousal Support: Formerly known as alimony, provisions regarding spousal support can be included in a Texas prenup . These provisions can set terms for how much support one spouse may pay to the other, for how long the payments will last, and under what circumstances those terms can be updated. This can help to prevent a court from a deviating from the terms of the agreement.
Financial Responsibilities: Texas premarital agreements can outline how financial matters will be handled during the marriage. The divorcing or terminated spouses may agree on how marital funds will be spent, how accounts will be separated, and even plan for what happens to their joint taxes to make the process less painful and confusing.

Drawbacks and Limitations

While a Texas prenuptial agreement form is a legally binding contract, its enforceability has certain limitations and potential challenges. Issues that could render a prenuptial agreement void are as follows: A Judge may also find a prenuptial agreement unconscionable if the party who is seeking the enforcement of the prenup would be unfairly disadvantaged if it were enforced or the failure to enforce the agreement would cause child support or obligations of spousal support to be difficult or impossible to meet.
In addition to the limitation of enforceability, some legal scholars and courts hold that a judge should only enforce a prenup if it is voluntary and free of duress. However, if a prenuptial agreement is signed voluntarily prior to entering into a marriage, and without fraud, and the parties had fair notice of the property being disclosed and their rights under the agreement during the agreement negotiation, the judge is less likely to throw out the agreement.
If parts of a Texas prenuptial agreement conflict with each other, for instance, when one clause prohibits payment of child support while another obligates the payer to do so, those clauses can be challenged for lack of clarity. This can result in exposure for the agreeing party to having an otherwise valid prenuptial agreement deemed unconscionable.

Getting Prenup Help From a Lawyer

While there are free Texas prenuptial agreement forms available online, it is strongly advised that you consult with a lawyer to ensure that your agreement is properly prepared and legally sound. Although you and your future spouse might feel that you have a complete understanding of your financial and personal issues, many things can come up during a marriage that you have not considered. When properly drafted, a prenuptial agreement will adequately protect your interests and avoid the potential for divorce litigation in the future.

Prenup FAQs

How much does a Texas prenup cost?
The fees associated with creating a prenup can range quite a bit. A standard attorney fee for a prenuptial agreement may cost between $1,200 and $2,500. If your financial situation is complex, the legal fees may be significantly higher. Factors such as property, accounts, and debts will all influence the overall cost. In some cases, fee arrangements can be made if you require a payment plan.
How long does a prenup take to draft?
The amount of time it takes to draft a prenuptial agreement varies, but prenups typically require a few weeks for the drafting and revision process. Generally, you will need to meet with your attorney several times, perhaps over a period of a couple of months. Many attorneys will expect both parties to attend an initial meeting with their dedicated document specialist to confirm the terms of the agreement.
Can a Texas prenup be modified?
Yes, prenuptial agreements can be modified or revoked at any time during a marriage. In fact, many couples join forces to revise their prenup by replacing it with a marital agreement (postnuptial) . If you and your spouse have chosen to make changes to your prenup, you must follow the same requirements for a valid prenuptial agreement, which include: Since it is likely that at some point during your marriage, you will need to add to or modify your prenup, it is a good idea to use a formal prenup rather than a do-it-yourself contract. When properly written, a prenup will specifically set your out how parties can modify or revoke the agreement.
Who needs a prenuptial agreement?
While it may seem like a luxury reserved for the wealthy, many Americans rely on prenups to protect their assets. A prenuptial agreement is especially useful for anyone who: While not everyone needs a prenup, if you are considering one, be sure to consult with an experienced Texas family law attorney. Wording a prenuptial agreement is a complicated legal process which must follow specific procedural guidelines. With the help of a Texas prenup lawyer, you can rest assured that you will be able to make the right decision for your future.