The Texas Prenuptial Agreement is an official paper used to legitimize premarital financial decisions. The couple, which is not pessimistic but pragmatic enough to complete and sign such a prenuptial agreement template, might wish to do so for several reasons. Among the most obvious ones are:
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A premarital agreement is a powerful legal tool that protects your assets if your spouse turns out to be deceptive.
It is a wise decision to consult a legal specialist before signing a Texas Prenuptial Agreement Form to avoid unwanted conflicts if any of the provisions seem unfair to either party in the future. Keep in mind that the UPAA regulates spousal relationships in the state.
You may also wish to modify the contract you have entered later on. To do so, you have to sign an additional document that will be considered a continuation of your prenup but called a postnuptial agreement. We encourage you to use our form-building software to get a personalized and customized template of the document.
Just like any other US state, Texas has its legislature regarding premarital relations. Below, we have outlined the essential local prenup norms and regulations.
Several US states will not enforce a prenup that has not been witnessed or authenticated by a legal notary. According to Section 4.002 of the State Law, spouses only have to sign a premarital agreement prepared in writing.
The document becomes effective upon marriage commencement and not any earlier.
The court will not consider your prenup valid if there are significant mistakes, one of the parties proves to have signed the contract under pressure, or one spouse has failed to provide a transparent financial disclosure. The paper will also lose validity if the court deems that the provisions thereof are shockingly unfair—for example, one of the spouses may have agreed to receive only 20% of marital property in case of a divorce.
A typical prenup contains such information as:
Pay special attention to the fact that you cannot legally decide or agree upon your joint children’s future in a prenup. The US policy is that the court has to evaluate each particular family’s situation at the time of a divorce to understand what is best for the child. The court will consider whether there is domestic violence history in the family, the parent the child prefers to stay with, each parent’s sources of income, educational needs, and other factors.
According to the Texas Family Code Annotated (Section 3.003), a married couple’s property is viewed as community property if they decide to divorce. This means that their assets and debts will be distributed equally unless either side proves there is a lawful reason to split the assets differently.