A prenup in Texas allows two people in a committed partnership to have an open conversation about finances, values, and the goals they have in mind for their future. A prenup is just one way to plan for a stronger financial future and build on a solid foundation with your partner; however, it also does require that you gain an understanding of what the process entails and what Texas law says.

Because of these complexities, it's in you and your partner's best interest to work one-on-one with an attorney who can help create and finalize your prenup. Neptune can help you get the process started and connect you with vetted family lawyers in Texas to help you do that.

Familiarize Yourself With Prenups and Texas Law

Like most other states, Texas has specific laws in place to guide the creation and use of prenuptial agreements. Under the Texas Family Code, you have the right to create these agreements, and the state offers key resources to guide you. It also clarifies some of the main components of these laws, including the Texas Marital Property Law.

Under Section 4.002 of the Texas Family Code, it requires that to be valid, a prenup must be an agreement entered into in writing. Both parties must sign and agree to the terms of it prior to the legal union. It also requires that no coercion or force is used to make these decisions.

What You Can Include in a Prenup in Texas

Under Texas Family Code Section 4.003 (a), there are specific rules for what you may include in the prenup. 

• The rights of each person with respect to any real property. This can apply to any type of property, no matter where it is acquired or located.
• The right to buy, sell, and use property. The extensiveness here includes the right of both parties to engage in transferring, exchanging, expending, assigning, using, mortgaging, disposing of, and otherwise managing the property.
• The creation of a trust or will. The law states that the decisions made in the prenup could govern the creation of a will, trust or any other legal arrangement.
• Disposition of property at separation. The prenup may include what occurs to property if there is a dissolution of the marriage, a split, a death, or any other occurrence of change.
• Spousal support decisions. This could include if and what limits are placed on one party receiving spousal support from the other.

Texas prenup laws are extensive and sometimes complicated. That’s why it is often beneficial to work with Neptune and an attorney in the state who can guide you around the specific decisions you wish to make. For example, if you have specific wishes about what to include in your prenup in Texas, your attorney will help tailor it to the unique needs and circumstances of your relationship.

Prenups in Texas Have Limitations

When creating a prenup, Texas law has some limitations on what you can include. These fall under Texas Family Code Section 4.003 (b). The most specific rule is that the prenup cannot include terms related to child support that are considered “adversely” as opposed to providing support. In short, this means you cannot agree to change the amount of child support required under the law through the prenup if a dissolution occurs. Instead, you must refer to the Texas Family Code for specific steps to take for determining child support.

How to Make Sure a Prenup in Texas Is Enforceable

As you go through the work of creating a prenup, you also need to consider whether what you are placing within the document is enforceable. That means, in the event that the relationship ends, the rules and guidelines within the prenup are upheld by the court. 

Mistakes made during the creation process can limit your ability for this to happen. There are several steps you can take to minimize these risks.

• Work with attorneys. There are a variety of resources that can give you the foundation to use, but with an attorney, you ensure every detail is carefully planned for and executed under Texas law. One of the biggest reasons many prenups are struck down in court is because there was only one attorney involved.
• Leave out anything illegal or unethical. The prenup is not enforceable if the actions within it can cause the other person to engage in some type of criminal act. You cannot require them to act in any way that would violate public policy.
• Avoid any provisions that would waive or limit child support obligations. Your prenup should never include anything related to child support or child custody.

In situations where you have very specific requests, be sure to include them only after you verify the legality of the process with your attorney.

Changing a Prenup in Texas

Another big factor to know about prenups in Texas is how to modify them over time. It is possible to do so, and doing that in a post-nuptial agreement tends to be the ideal way to make such changes. If you wish to amend the current prenup, and the partnership agrees to that process, it is possible to do so under the law. You will both need to enter into a new agreement that outlines the desired changes and goes through the process of verifying the legality of the process. Working with an attorney can help you achieve this.

Use Neptune to Help You Create a Prenup in Texas

The complexities of creating a prenup in Texas are vast, and there are numerous steps involved. When you and your partner want to ensure that your prenup will fit your expectations and secure your financial well-being, let Neptune help you. 

We can help you take positive steps in your relationship as you and your partner openly discuss your shared goals, values, and plans for your life together. We can make the process easier and connect you with experienced and vetted attorneys who understand these complexities as well as your unique needs.

If you are ready to learn more about the resources available to you, follow our three-step process to create an agreement that helps build a strong foundation for your life together. 

Contact Neptune today to go over your options.