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Texas Family Code Prenuptial Agreement

The Texas Family Code and Prenuptial Agreements: What You Need to Know

Prenuptial agreements, also known as prenups, are contracts entered into by couples before they get married. These agreements typically outline how assets and debts will be divided in the event of a divorce, and can also include provisions for spousal support.

In Texas, prenuptial agreements are governed by the Texas Family Code, which sets out specific requirements for these agreements to be valid and enforceable.

One of the most important requirements for a prenup in Texas is that it must be in writing and signed by both parties. It must also be executed before or during the marriage ceremony.

Another key aspect of a prenup in Texas is that it must be voluntary. This means that both parties must enter into the agreement of their own free will, without coercion or undue influence from the other party.

Additionally, the agreement must be fair and reasonable at the time it is signed. This means that the terms of the agreement should not be so one-sided as to be unconscionable or unfair to one of the parties.

If these requirements are not met, a prenuptial agreement may be deemed invalid or unenforceable in court.

There are certain issues that a prenuptial agreement in Texas may cover, such as the division of property, spousal support, and even child custody and support. However, it is important to note that any provisions related to child custody or support must be in the best interests of the child and cannot be used to circumvent the court`s determination of these issues.

It is also worth noting that a prenuptial agreement in Texas cannot waive a party`s right to spousal maintenance in certain situations, such as if the party seeking maintenance would be unable to meet their basic needs without it.

Overall, prenuptial agreements can be a useful tool for couples to plan for their financial futures and protect their assets in the event of a divorce. However, it is important to ensure that any prenup in Texas complies with the requirements of the Texas Family Code and is fair and reasonable to both parties.