Understanding Prenups in Texas
A prenuptial agreement — or “prenup” — is more than just a document for the wealthy. It’s a practical tool that helps couples define how property, assets, and debts will be handled during marriage or in the event of divorce. In Texas, where community property law governs most marital estates, a well-drafted prenup can provide clarity, reduce conflict, and protect what matters most.
At ASW Law Office, we help couples in The Woodlands and across Texas create fair, enforceable prenuptial agreements that fit their goals and comply with Texas law.
Why a Prenup Matters Under Texas Community Property Law
Texas is one of only nine community property states. This means that, without a prenup, nearly everything you and your spouse acquire during the marriage — income, property, even some business growth — is presumed to belong to both of you equally.
A prenup allows you to override the state’s default rules, defining your own terms for what counts as separate or shared property. This flexibility is especially important for professionals, business owners, and individuals with significant investments or inheritances.
What You Can Include in a Texas Prenup
A valid Texas prenuptial agreement can cover a wide range of financial and property issues. The key is that the terms must be clear, voluntary, and fair. Common inclusions are:
1. Division of Property and Assets
Couples can decide in advance how to divide property if they separate or divorce. This includes:
- Real estate and investment properties
- Business ownership interests
- Bank accounts and retirement savings
2. Rights to Manage or Transfer Property
Your prenup can define who manages certain assets during the marriage, or how property may be sold, transferred, or leased. This helps prevent disputes over financial decisions later on.
3. Protection from Debt
A Texas prenup can protect one spouse from being responsible for the other’s personal or business debts — a common concern for entrepreneurs and professionals.
4. Spousal Support Terms
While you can agree on spousal maintenance or waive it entirely, courts will review the provision for fairness at the time of enforcement. This ensures that neither spouse is left destitute.
5. Estate Planning and Inheritance Rights
Prenups often work alongside wills and trusts to ensure certain property passes to children or heirs. This is especially valuable for blended families or second marriages.
What You Cannot Include in a Texas Prenup
Not every term can be enforced under Texas law. Courts will strike out provisions that violate public policy or state statutes. Avoid including:
1. Child Custody or Support Terms
Child support and custody decisions are based on a child’s best interests at the time of divorce, not predetermined by contract. Any clause attempting to limit or waive child support is unenforceable in Texas.
2. Illegal or Unconscionable Provisions
Prenups can’t include terms that are illegal, fraudulent, or so one-sided that they shock the conscience. For instance, clauses leaving one spouse with nothing could be voided by the court.
3. Provisions That Encourage Divorce
Any term that appears to reward or promote divorce — such as financial incentives tied to ending the marriage — may also be invalidated.
How to Ensure Your Prenup Is Enforceable
The Texas Family Code (§ 4.001 et seq.) requires that prenups be in writing, voluntarily signed, and executed with full financial disclosure. To avoid future challenges:
- Hire separate attorneys. Each party should have independent legal representation.
- Be honest about your assets. Hidden accounts or debts can invalidate the agreement.
- Sign early. Waiting until the week of your wedding can raise concerns about coercion.
At ASW Law Office, our attorneys draft agreements designed to stand up in court — built on fairness, transparency, and foresight.
Frequently Asked Questions
Can we include future income or stock options in our Texas prenup?
Yes. Texas allows prenups to address future income and compensation, including bonuses, stock options, and business profits, as long as they are described clearly.
Can a prenup protect property owned before marriage?
Absolutely. One of the primary purposes of a Texas prenup is to protect premarital assets from becoming community property.
Is a prenup valid if we both used the same attorney?
While it’s not illegal, it’s highly discouraged. Independent counsel for each party provides stronger protection and helps prevent future disputes about fairness or coercion.
Protect What You’ve Built with a Texas Prenup
A well-drafted prenuptial agreement doesn’t predict divorce — it promotes trust and financial confidence. Whether you’re engaged, entering a second marriage, or seeking to protect your family business, ASW Law Office provides customized guidance to secure your future.
Contact our Texas family law attorneys today to schedule a confidential consultation and learn how a prenup can protect your peace of mind.
