What You Need to Know about Prenups in Texas

Creating a prenup in Texas need not be overwhelming. This guide walks you through how to secure a brighter financial future for your relationship. 

The great news is that a prenup in Texas allows two people in a committed relationship to have open conversations about finances, values, and the goals they have for their future. A prenup, or premarital agreement as it’s known in Texas, is a way to create a financial blueprint for your marriage and and build in safeguards for life’s unpredictable turns.

Laws for prenups vary from state to state, so it’s important to understand the nuances and process of getting a premarital agreement in Texas. You should only work with a lawyer that is licensed in Texas and has experience creating Texas agreements. Your partner should do the same.

Good news: Neptune can help you get the process started and connect you with experienced and vetted family lawyers in Texas that will work with you to create a prenup. 

Let’s move on to the ins and outs of prenups in Texas.

Highlights of Prenup Texas Laws

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 resources to guide you. It also clarifies some of the main components of these laws, including the Texas Marital Property Law.

Section 4.002 of the Texas Family Code requires in order for it to be avalid, partners must enter the prenup in writing. This means both partners must agree to the terms of the prenup and sign the document prior to the legal union, meaning before getting married. State law also says that no coercion or force can be 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 law covers:

• 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 happens 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.

As you can see, Texas prenup laws are extensive and sometimes complicated. That’s why it’s beneficial to work with Neptune to find an attorney in the state who can guide you on your specific agreement. If there are certain aspects you’re interested in including in your prenup, your attorney can help tailor it to your needs while making sure it works in Texas.

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).

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 include is enforceable. That means, in the event that the relationship ends, a court upholds the prenup terms. 

• Work with attorneys. There are a variety of resources that can help you create a prenup, but with an attorney, you ensure every detail is carefully planned for and executed under Texas law. 
• Leave out anything illegal or unethical. The prenup is not enforceable if something in it can cause the other partner to engage in some type of criminal activity. 
• 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 point to know about prenups in Texas is how to modify them over time. It is possible to do so, and making changes through a post-nuptial agreement tends to be the way to go. If you wish to amend the current prenup, and both of you agree to make changes, it is possible to legally do so. Working with an attorney can help you achieve this.

Use Neptune to Create Your Prenup in Texas

Creating a prenup in Texas is complex, and there are numerous steps involved. 

When you and your partner are ready to secure your financial well-being with a prenup, let Neptune help you. 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.