Individuals who own a business, own commercial or residential property, or earn rental income in the state of Texas may want to consider a prenuptial agreement to protect their assets in the event of a divorce.
Here are some questions to consider when making this important decision:
The Texas Family Code outlines the standards for a valid prenuptial agreement. Section 4.002 states that a prenuptial agreement must foremost be in writing and signed by both parties. Importantly, these agreements are enforceable without consideration. Therefore, no money or property needs to be exchanged between the two contracting parties in order for a valid prenuptial agreement to take place.
According to the Texas Family Code Section 4.003 (a), a prenuptial agreement can include any or all of the following provisions:
Texas Family Code Section 4.003 (b) states that a prenuptial agreement cannot include terms that “adversely concern child support.” This means that individuals cannot agree to change the amount of child support that they would be required to pay in the event of divorce. The Texas Family Code provides guidelines on how to determine the amount of child support that is to be paid by an obligor parent.
A prenuptial agreement is not enforceable if the challenging party demonstrates that:
Prenuptial agreements rarely apply to common law marriages in Texas. Texas Family Code Section 4.004 states that a prenuptial agreement becomes effective on marriage (occurring when two individuals obtain a marriage license).
Retainer fees and cost estimates cause anxiety for many family law clients. Most of the time, this is the fault of lawyers. We do things differently. At Walters Gilbreath, PLLC our cost structure, bi...read more
To celebrate the one-year anniversary of our podcast, Jake & Brian sat down with Jim Piper, Of Counsel at Walters Gilbreath, to discuss how family law has changed since they started practic...read more
Submit the form below and a member of our intake team will contact you.
Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
Larry M.view all reviews
316 West 12th Street, Suite 110
Austin, TX, 78701
3811 Turtle Creek Blvd, Suite 1000
Dallas, TX 75219
440 Louisiana Street, Suite 2450
Houston, TX 77002
10001 Reunion Place, Suite 170
San Antonio, TX, 78216