Are you in the process of getting married and want to give your spouse a prenup?
Do you want to know what can the prenup include or how enforceable it is in Texas? Below is some imperative information from the Texas Family Code.
What is a prenup and what can it contain?
A prenuptial/premarital agreement in Texas must be in writing signed by both parties and is enforceable without consideration. The agreement may not adversely affect child support but may contain provisions addressing:
- property rights and obligations;
- the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- the modification or elimination of spousal support;
- the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- the ownership rights in and disposition of the death benefit from a life insurance policy;
- the choice of law governing the construction of the agreement; and
- any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
How can a spouse avoid the prenup?
A prenuptial/premarital agreement is not enforceable if the person against whom enforcement is sought can prove they: (1) were not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (2) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (3) did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.