How do I execute a Prenuptial Agreement in Texas?

Compassionate Guidance & Aggressive Representation for DFW Families

Quick Overview: How do I execute a Prenuptial Agreement

A Texas prenuptial agreement (or “prenup”) is a contract couples sign before marriage that outlines how property, assets, debts, and financial issues will be handled if the marriage ends. To be enforceable, a prenup must be voluntary, fair, and signed with full financial disclosure. Texas prenups must follow specific rules under state law, and cutting corners can result in the agreement being thrown out later.

Key Facts for Prenuptial Agreements in Texas

A prenuptial agreement isn’t about planning for divorce—it’s about bringing clarity, honesty, and stability into a marriage. For couples in Dallas–Fort Worth, a well-crafted Texas prenup can protect businesses, inheritances, real estate, and future earnings while reducing conflict later. But to be enforceable, it must be done correctly.

Texas allows prenuptial agreements under the Texas Family Code, and courts regularly enforce them if done properly.

Both partners must disclose assets, debts, income, and financial obligations honestly.

A prenup must be voluntary—no pressure, no last-minute surprises.

Prenups must be in writing and signed before marriage; oral agreements are invalid.

Prenups can cover property rights, income, business interests, spousal support, and how certain assets are classified.

Child support cannot be limited or waived in a prenup.

A prenup becomes effective the moment you’re legally married.

Independent legal counsel for each party is strongly recommended to avoid future challenges.

What Texans Should Know About Executing a Prenuptial Agreement

A prenup is only effective if handled the right way. Here are the major steps and considerations for DFW couples preparing one.

To execute a Texas prenuptial agreement properly, you must:

• Begin the Process Early
Starting weeks or months in advance shows fairness and avoids the appearance of pressure. Last-minute prenups are more likely to be challenged in court.

• Create Full Financial Disclosure
Each partner must list:

Bank accounts
Investments
Retirement accounts
Business ownership
Real estate
Debts and liabilities
Expected inheritances
Income sources

Hiding or misrepresenting assets can invalidate the entire agreement.

• Outline Separate vs. Community Property
Texas is a community property state. A prenup can clearly define:

What stays separate
How income will be treated
What happens to business growth
How gifts or inheritances are handled

This avoids fights later.

• Address Business Ownership and Professional Practices
Entrepreneurs, executives, and professionals often protect:

Business equity
Partnership interests
Future earnings
Ownership percentages
Intellectual property

A prenup can prevent a business from becoming entangled in a future divorce.

• Determine Whether Spousal Support Will Be Included
You can:

Waive spousal support
Limit it
Define specific conditions

As long as it is fair and not unconscionable at the time of divorce, Texas courts typically enforce support agreements.

• Avoid Anything Related to Child Support or Custody
Texas courts won’t enforce prenup provisions that try to limit child support, custody rights, or parenting time.

• Put Everything in Writing and Follow Texas Formalities
A valid prenup must be:

Written
Voluntarily signed
Signed before marriage
Supported by full disclosure

Both partners must have time to review the agreement carefully.

• Use Independent Legal Counsel
Each partner having their own attorney strengthens the enforceability of the agreement and avoids claims of unfairness.

• Keep the Agreement Updated
Major changes—business growth, relocation, children, inherited assets—may require a postnuptial agreement to stay current.

How Ashmore Law can help

Executing a prenup in Texas requires legal precision, fairness, and an understanding of how courts interpret these agreements. Ashmore Law has extensive experience drafting and reviewing prenuptial and postnuptial agreements for clients throughout Dallas–Fort Worth.

Ashmore Law helps by:

Drafting enforceable prenups tailored to your financial goals
Ensuring full financial disclosure is clear, complete, and documented
Protecting business owners, executives, professionals, and high-net-worth individuals
Advising on spousal support, separate property, and asset protection
Coordinating with financial advisors, CPAs, and business partners when needed
Reviewing prenups prepared by the other party to protect your interests
Fixing outdated or risky prenups with postnuptial agreements
Ensuring compliance with all Texas Family Code requirements

With an experienced DFW family law team guiding the process, you can enter marriage with clarity, confidence, and long-term protection built into your plan.

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Gary Ashmore

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