Planning to tie the knot in the Lone Star State? While discussing finances may not be the most romantic pre-wedding conversation, establishing clear financial expectations through a prenuptial agreement can actually strengthen your relationship.
In Texas, a community property state, knowing how your assets will be handled during marriage is particularly important.
Without a prenup, Texas law determines what happens to your property—which may not align with your wishes.
Don’t leave your financial future to chance. Learn what you need to protect your future with a properly executed prenuptial agreement that addresses your specific situation. Or contact our Texas Family Lawyers at (972) 528-0478.
Key Assets and Items to Include in a Prenup
1. Full Financial Disclosure
Both parties must provide complete disclosure of their assets, income, and debts for a prenup to be enforceable in Texas. This isn’t just good practice—it’s a legal requirement.
⚖️ Legal Note: The Texas Family Code requires “fair and reasonable disclosure” of property and financial obligations, or a waiver of such disclosure in writing.
What to include:
- Bank accounts and investment portfolios
- Real estate holdings
- Income from all sources
- Outstanding debts and liabilities
- Business interests and valuations
- Valuable personal property (vehicles, jewelry, art, etc.)
2. Premarital Assets and Debts
A primary function of any prenup is clearly identifying property and debts that each person brings into the marriage.
For assets:
- Detailed inventory of separate property
- Current market value of significant assets
- Documentation of ownership (titles, deeds, etc.)
- How premarital assets will be treated if commingled
For debts:
- Outstanding student loans
- Mortgages and car loans
- Credit card balances
- Tax liabilities
- Whether premarital debts remain separate or become shared
| Type of Property | Without Prenup | With Prenup |
|---|---|---|
| House owned before marriage | Separate property, but appreciation may be community property | Can define that all appreciation remains separate |
| Inheritance received during marriage | Separate if kept separate | Can clarify handling even if commingled |
| Business started before marriage | Original investment separate, growth during marriage often community | Can protect entire business including growth |
| Retirement funds earned during marriage | Community property | Can designate as separate property |
3. Property Division
Your prenup should address how property acquired during marriage will be classified and divided.
Consider including:
- Whether to opt out of Texas community property laws
- How to handle appreciation of separate property
- Treatment of joint purchases
- Division of personal items with sentimental value
4. Spousal Support and Alimony
Texas courts generally honor spousal support provisions in prenups, but they must be reasonable.
What to specify:
- Whether spousal support will be provided
- Amount and duration of payments
- Circumstances that trigger or modify support
- Waiver of alimony (if applicable and reasonable)
5. Business Ownership and Interests
If you own a business or professional practice, protecting it is likely a top priority.
Essential provisions:
- Declaration of the business as separate property
- How to handle business appreciation during marriage
- Buyout provisions if both spouses work in the business
- Valuation methods for the business in case of divorce
- Protection for business partners and shareholders
Business Protection Tip: Consider including language that prevents your spouse from claiming an interest in your business clients, patients, or professional goodwill.
6. Inheritances and Gifts
While Texas law already classifies inheritances and gifts as separate property, a prenup can provide additional clarity and protection.
Specify how to handle:
- Future inheritances
- Family heirlooms
- Gifts between spouses during marriage
- Management of inherited assets
7. Retirement Accounts
Retirement accounts can be significant assets that require special attention in your prenup.
Address:
- Treatment of existing retirement accounts
- Contributions made during marriage
- Pensions and defined benefit plans
- Coordination with beneficiary designations
8. Future Financial Responsibilities
A comprehensive prenup addresses not just asset division but also ongoing financial responsibilities.
Consider including:
- Who pays household expenses
- Joint vs. separate bank accounts
- Saving and investment obligations
- Debt management during marriage
- Financial decision-making authority
9. Estate Planning and Death Provisions
Your prenup can work in conjunction with your estate plan to ensure your wishes are honored.
Essential elements:
- Rights of surviving spouse
- Coordination with wills and trusts
- Provision for children from previous relationships
- Property transfers upon death
- Waiver of elective share rights (if desired)
10. Sunset Clauses and Modification Agreements
A prenup doesn’t have to be set in stone forever.
Consider:
- Whether the agreement expires after a certain number of years
- Circumstances that trigger automatic modifications
- Process for amending the agreement after marriage
- Periodic review requirements
Looking for expert guidance on your prenup? Speak with our prenup attorneys at the Law Offices of Richard C. McConathy by calling (972) 528-0478.
5 Items You Cannot Include in a Texas Prenup
While prenups offer flexibility, certain provisions will not be enforced in Texas:
- Child custody and support: Courts always determine these based on the “best interests of the child” standard. Your prenup cannot predetermine custody arrangements or child support amounts.
- Unconscionable provisions: Extremely one-sided or coercive terms may be thrown out by courts.
- Provisions encouraging divorce: Courts won’t enforce clauses that incentivize ending the marriage.
- Illegal activities: Any provision requiring illegal behavior is unenforceable.
- Personal matters: Non-financial provisions regarding appearance, weight, or other personal matters may not be legally binding (though these “lifestyle clauses” exist in some agreements).
Special Considerations for Women
💡 Plan for career breaks and child-rearing – Prenups can compensate for lost income or paused careers due to family care.
While prenups should be fair to both parties, women often have specific concerns that should be addressed:
- Protection for career interruptions: If you plan to take time off to raise children, your prenup can include compensation for lost earnings and career advancement.
- Reimbursement for education support: If you’ll support your spouse through professional school, consider provisions that recognize this investment.
- Homemaker contributions: Ensure the agreement acknowledges the economic value of managing a household and raising children.
- Long-term security: Consider provisions for health insurance, life insurance, and protection in case of disability.
“What a woman should ask for in a prenup largely depends on her unique circumstances,” says Attorney Richard McConathy. “The key is having someone represent your interests who understands both your current and potential future needs.”
How to Create an Enforceable Prenup in Texas
For your prenup to stand up in court, follow these essential guidelines:
- Separate legal representation: Each person should have their own attorney.
- Full financial disclosure: Complete transparency about assets, income, and debts.
- Adequate time: Sign well before the wedding (at least 30 days is recommended).
- Voluntary execution: No coercion, pressure, or last-minute demands.
- Fair terms: While terms don’t need to be equal, they shouldn’t be unconscionable.
- Proper execution: The agreement must be in writing and signed by both parties.
❌ Common Mistakes to Avoid in Prenups
- Incomplete financial disclosure: Hiding assets or downplaying their value can invalidate your entire agreement. Be thorough and transparent.
- Last-minute execution: Presenting a prenup days before the wedding creates pressure that could make it unenforceable. Start the process early.
- DIY drafting: Online templates don’t account for Texas-specific laws or your unique situation. Professional legal guidance is essential.
- Unfair provisions: Extremely one-sided agreements are less likely to be enforced by courts.
- Failing to update after major life changes: Consider creating a postnuptial agreement to address new circumstances like children, inheritances, or business ventures.
⚖️ Ignoring fairness under Texas law
Even if both parties sign, courts can throw out agreements that feel fundamentally unjust. A prenup that heavily favors one side without reasonable justification may not be enforceable.
Final Thoughts: Protecting Your Future with Confidence
A prenuptial agreement isn’t about planning for divorce—it’s about creating clarity, establishing expectations, and protecting both parties’ interests.
By addressing these important financial matters before marriage, you can actually strengthen your relationship by removing potential sources of conflict.
In Texas, where community property laws create specific implications for married couples, a well-drafted prenup is a smart planning tool that gives you control over your financial future regardless of what life brings.
Our experienced family law attorneys at the Law Offices of Richard C. McConathy understand the nuances of Texas prenuptial agreements and can help create a document that protects your interests while being fair to both parties.
We approach each case with sensitivity and respect, recognizing that these discussions, while necessary, can be emotionally challenging.
Contact our Texas prenup lawyers today at (972) 528-0478 to schedule your consultation and take control of your financial future.
Frequently Asked Questions
What should you never include in a prenup?
Never include provisions regarding child custody or support, as courts will always make these determinations based on the best interests of the child. Avoid lifestyle requirements that aren’t financial in nature, illegal provisions, or extremely unfair terms that could be deemed unconscionable by a court.
Is a Texas prenup legally binding?
Yes, a Texas prenuptial agreement is legally binding if it meets all requirements under the Texas Family Code. This includes proper execution, full financial disclosure, lack of coercion, separate legal representation, and fairness in terms. Courts may invalidate agreements that don’t meet these standards.
How much does it cost to get a prenup in Texas?
The cost of a prenuptial agreement in Texas typically ranges from $1,500 to $5,000 per person, depending on the complexity of your finances and assets. While this may seem significant, it’s far less expensive than potential litigation costs in a divorce without clear financial agreements.
Can you modify a prenup after marriage in Texas?
Yes, you can modify a prenuptial agreement after marriage through a postnuptial agreement. Both spouses must consent to the changes, and the postnup must meet the same legal requirements as the original agreement, including full disclosure and lack of coercion.
How far in advance should you sign a prenup?
For best enforceability, you should sign a prenuptial agreement at least 30 days before your wedding date. This timeline demonstrates that both parties had adequate time to review the document with their attorneys and weren’t pressured into signing. The further in advance, the better.