Texas Prenuptial Agreement Form

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:

  • The signatories have already experienced a divorce. Separation is never easy, especially if you have been involved in a legal relationship before. People who fully understand that a divorce may turn into a nasty fight would probably want to prevent themselves from an intensely emotional division of marital property.
  • The parties raise children from previous marriages. If a person has minors, it is sensible to negotiate their inheritance in the prenup.
  • Partners (or one partner) own a substantial amount of money and other valuable possessions.

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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.

Texas Prenup Laws and Requirements

Just like any other US state, Texas has its legislature regarding premarital relations. Below, we have outlined the essential local prenup norms and regulations.

Signing Requirements

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.

Enforceability

The document becomes effective upon marriage commencement and not any earlier.


Court Refusal

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.

What Prenups Can Cover

A typical prenup contains such information as:

  • Whether each party has the rights to sell, buy, or manage their property
  • Whether the property acquired before the marriage will be considered marital
  • Loans and debts management
  • Health insurance issues
  • Alimony and spousal support
  • And other money-related matters the partners wish to discuss in the contract.

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.

Property Type

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.

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Published: Feb 25, 2021