Texas
Under Texas default rules, income earned during marriage may be presumed shared. A prenup lets both partners define their own terms, particularly important when your wealth involves energy assets, ranch land, startup equity, or generational property.
Flat fee of $5,000 per couple. Two independent attorneys.
Property framework
Texas has specific rules for how property acquired during marriage is treated. As one of a small number of states with these particular default rules, the framework draws a clear line between what each spouse owned before the wedding and what may be considered shared during the marriage. Your attorney can review what applies to your situation.
Characterization depends on the specific facts. Your attorney can review what applies.
A prenup can address how these categories apply to your particular assets and define your own terms instead.
Texas-specific considerations
Texas has a diverse economy with asset types that create unique characterization questions. Here are categories your attorney may discuss with you.
Mineral rights, royalty interests, working interests, and overriding royalties create layered ownership structures that often span generations. A pre-marriage mineral estate that produces royalty income during the marriage can raise tracing and characterization questions. A prenup can address how existing interests are treated and how future production income may be characterized.
Family ranches passed down for generations create situations where one partner needs to ensure inherited property stays in the family. A prenup can address the land itself, livestock, equipment, water rights, and agricultural income. Your attorney can review how homestead protections interact with property agreements for ranch properties.
Texas has a massive startup ecosystem and more Fortune 500 headquarters than any other state. RSUs, stock options, and founder equity that vest during the marriage may raise characterization questions. A prenup can clarify how equity is handled relative to the vesting schedule and the marriage timeline.
Medical practices, law firms, energy companies, and family-owned businesses all generate income during the marriage that may be subject to Texas default rules. A prenup can address how business equity, income, and appreciation are treated, particularly important when multiple family members have ownership stakes.
Enforceability
Under Texas Family Code Chapter 4, a prenup may not be enforceable if it was signed involuntarily, or if it was unconscionable and the challenging party was not given fair and reasonable disclosure of the other's property and financial obligations.
Texas does not require a mandatory waiting period between presenting the agreement and signing it. There is also no statutory requirement that each party have independent legal counsel. However, both practices (signing well in advance of the wedding and each party having their own attorney) can strengthen enforceability.
Neptune's process connects each partner with their own independent attorney and includes a guided financial intake to help both partners organize and share disclosure clearly. This approach addresses the factors Texas courts may consider when evaluating enforceability.
Also in Texas
Texas law provides for a distinct postnuptial instrument called a "partition and exchange agreement." This allows married spouses to convert property that may otherwise be characterized as shared into each spouse's separate property.
Unlike a prenup (which is signed before marriage), partition and exchange agreements are executed during marriage. They are a uniquely Texas tool and are distinct from the postnuptial agreements available in other states.
If you are already married and considering how to restructure property characterization, your attorney can explain whether a partition and exchange agreement may be relevant to your situation.
Prenup cost in Texas
Texas prenups tend to cost less than California or New York, but hourly billing means the final number depends on complexity. Mineral rights, business valuations, and ranch property can push costs higher.
Typical range in Texas
$1,500 - $10,000+
Neptune flat fee
$5,000
No payment to get started. Free consultation with your attorney.
How it works
Answer questions about your finances, assets, and goals. The guided intake covers common Texas asset types, mineral interests, ranch land, business holdings, real estate, and tech equity. No payment required at this stage.
Each partner is paired with a separate, independent attorney licensed in Texas. You each get a free consultation to discuss your goals and ask questions before committing. While Texas does not require independent counsel, having it strengthens enforceability.
Your drafting attorney prepares the agreement. The reviewing attorney ensures the other partner's interests are represented. Both sides work through any changes until both partners are comfortable signing.
“Neptune make it so easy to find qualified reasonably priced lawyers I could trust for creating a prenup. And the process of asking questions to an AI chatbot really helped surface critical conversations early with my partner. Highly recommend checking them out!”
Tracy & Steven
Physician & Software Engineer
“The lawyer that I found through Neptune was such a valuable asset for our prenup not only as a sounding board to make sure our needs were met, but also to help write a document that me and my partner agree on while also ensuring it will hold up in court.”
Martha
Product Manager
“Process was surprisingly easy and fast! I expected tons of back and forth with lawyers, but Neptune streamlined everything beautifully. From start to finish, we had our signed prenup in about 6 weeks. Loved the flat fee pricing.”
Liza & Patrick
Account Executive & Investment Associate
Under Texas Family Code Chapter 4, a premarital agreement must be in writing and signed by both parties. The agreement takes effect upon marriage. Texas law does not require separate consideration beyond the marriage itself. Both parties should enter the agreement voluntarily, and your attorney can help you understand what that means in practice.
Unlike some states, Texas does not require that each party have independent legal counsel for a prenup to be valid. However, having independent counsel for both parties can significantly strengthen the enforceability of the agreement. If a prenup is later challenged, a court may consider whether both parties had the opportunity to consult with their own attorney.
A prenup can address how mineral rights, royalty interests, and oil and gas holdings are treated during the marriage. Energy assets can have complex ownership structures, including working interests, overriding royalties, and mineral estates. Pre-marriage mineral interests that produce income during the marriage can create characterization questions that a prenup may help clarify. Your attorney can review how these interests might be characterized and help you think through the appropriate language for your agreement.
Texas law provides for a unique postnuptial instrument called a "partition and exchange agreement" that can convert property that may otherwise be characterized as shared into each spouse's separate property during the marriage. This is distinct from a prenup, which is signed before marriage, but your attorney can explain how these instruments relate and whether one or both may be relevant to your planning.
Texas has specific rules for how property acquired or grown during a marriage may be characterized. Without a prenup, a business that increases in value during the marriage could potentially become subject to those rules. This is particularly relevant for startup founders with equity vesting during marriage, or family-business owners whose operations generate income throughout the marriage. Your attorney can explain how this might apply to your situation.
Texas has no mandatory waiting period between presenting a prenup and signing it. This is different from some other states that require a specific gap between when the agreement is first presented and when it is signed. That said, signing well before the wedding can reduce the likelihood of a later claim that the agreement was signed under pressure. Your attorney can discuss timing considerations for your situation.
In Texas, prenuptial agreements typically range from $1,500 to $5,000 per attorney when handled on an hourly basis ($200-$350/hour is common). That means a couple could spend $3,000 to $10,000 total when each partner hires their own attorney. Simple cases with few assets may come in around $870 flat fee for one side. Neptune offers a flat fee of $5,000 per couple, which includes two independent attorneys (one for each partner) with no hourly surprises regardless of complexity.
A prenup can address how ranch land, agricultural operations, and related assets are treated during the marriage. For generational ranch properties, this may include the land itself, livestock, equipment, water rights, and any agricultural income produced during the marriage. Your attorney can review how the specific structure of your family's holdings interacts with how property may be characterized in Texas.
Two independent attorneys. One flat fee. No payment to get started.
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