Are Postnuptial Agreements Enforceable in Texas?

Quick Overview: Postnuptial Agreements

Postnuptial agreements are legally recognized in Texas, but they must meet specific legal standards to hold up in court. Couples use them to protect property, simplify future disputes, and create clarity when financial or business circumstances change. Understanding how Texas views these agreements helps you build one that is enforceable and effective.

Key Facts for Postnuptial Agreements in Texas

Texas law allows postnuptial agreements under Texas Family Code Chapter 4.

They must be voluntary, with no pressure or coercion.

Full financial disclosure is required from both spouses.

Agreements cannot be “unconscionable” or grossly unfair at signing.

Postnups can protect business interests, inheritances, future income, and separate property.

Courts enforce well-written postnuptial agreements just as strongly as prenuptial agreements.

Poorly drafted agreements—especially DIY ones—are often struck down.

What Makes a Postnuptial Agreement Valid in Texas?

A postnuptial agreement can be one of the strongest tools for protecting assets inside a marriage, but only if it meets Texas’ legal standards. Here’s what judges look for when deciding whether to enforce one.

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1. The Agreement Must Be Voluntary

Texas courts take coercion seriously.
A postnup must be signed:

• without threats
• without emotional pressure
• without manipulation
• without financial or relational ultimatums

If a spouse can show they signed out of fear, intimidation, or pressure, a judge may set the agreement aside.

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2. Both Spouses Must Provide Full Financial Disclosure

Transparency is required.
Before signing, each spouse must disclose:

• assets
• debts
• income
• retirement accounts
• business interests
• investments
• future compensation or bonuses

Hiding information is one of the fastest ways to invalidate a postnup.

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3. The Terms Cannot Be Grossly Unfair

Texas judges rarely intervene in private marital agreements—unless the agreement is “unconscionable.”
This means:

• one spouse gives up almost everything
• terms are shockingly one-sided
• the agreement leaves one spouse destitute
• the deal makes no financial sense

The agreement doesn’t have to be equal—just reasonable.

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4. The Postnup Must Be in Writing and Signed

Texas will not enforce verbal promises.
A valid postnuptial agreement must be a written, signed contract that clearly:

• identifies separate property
• outlines how assets will be divided
• defines ownership of future income
• addresses business interests and debts

Clear wording means fewer future disputes.

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5. A Postnup Can Protect Businesses, Inheritances, and Future Income

Here’s what married couples in Texas commonly protect with postnuptial agreements:

• Business ownership and future growth
• Professional practices (medical, legal, consulting)
• Family inheritances
• Real estate acquired during the marriage
• Investment and rental properties
• Future bonuses, RSUs, and commissions
• Retirement benefits and pensions

Postnups are especially helpful for business owners and high-earning professionals who want clarity as their careers evolve.

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6. Why Couples Choose a Postnuptial Agreement

Most couples sign postnups not because they’re planning to separate, but because life circumstances change.
Common motivations include:

• one spouse starts a new business
• a family inheritance needs protection
• income levels shift dramatically
• financial responsibilities change
• assets grow beyond what was expected
• trust needs clarity after conflict or uncertainty

A postnup can bring structure, accountability, and peace of mind.

How The Ashmore Law Firm Can Help

Postnuptial agreements require precision and a clear understanding of Texas law. Our attorneys walk you through each step—disclosure, drafting, negotiation, and signing—to make sure your agreement is enforceable, fair, and aligned with your goals. Whether you’re protecting a business, planning for the future, or strengthening financial transparency in your marriage, we help you build a postnup that stands up in court and brings clarity to your relationship.

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