No one likes the word PRENUP… What is it and how to avoid it?

August 18, 2016

Prenuptial-Agreements pic

Are you in the process of getting married and want to give your spouse a prenup? Do you want to know what can the prenup include or how enforceable it is in Texas? Below is some imperative information from the Texas Family Code.

What is a prenup and what can it contain?

A prenuptial/premarital agreement in Texas must be in writing signed by both parties and is enforceable without consideration. The agreement may not adversely affect child support but may contain provisions addressing:

  • property rights and obligations;
  • the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  • the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  • the modification or elimination of spousal support;
  • the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  • the ownership rights in and disposition of the death benefit from a life insurance policy;
  • the choice of law governing the construction of the agreement; and
  • any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

How can a spouse avoid the prenup?

A prenuptial/premarital agreement is not enforceable if the person against whom enforcement is sought can prove they: (1) were not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (2) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (3) did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

If you have any further questions or concerns regarding premarital agreements feel free to contact us.