What Can a Prenuptial Agreement Include in Dallas Texas?

Compassionate Guidance & Aggressive Representation for DFW Families

Quick Overview: Prenuptial Agreements in DFW

Prenuptial agreements are common in Texas, especially among professionals, business owners, and couples entering marriage with existing assets. A valid prenup can outline how property, income, and financial responsibilities will be handled during the marriage and in the event of divorce. Understanding what a Texas prenup can include—and what it cannot—is the first step in creating an agreement that actually works.

Key Facts for Prenuptial Agreements in DFW

Prenups are authorized under Texas Family Code Chapter 4.

Couples can decide how to classify and divide property, income, and debts.

Prenups cannot determine child custody or child support.

Full financial disclosure is required for the prenup to be enforceable.

Agreements must be voluntary, signed, and drafted clearly.

Courts regularly enforce well-written prenups, especially in high-asset marriages.

DIY or template prenups often fail due to missing disclosures or unclear language.

What Texas Prenuptial Agreements Can Legally Cover

A Texas prenup is a flexible tool. Couples can use it to create clarity, protect assets, and prevent future disputes. Below are the areas Texas law specifically allows you to address.

1. Separate Property vs. Community Property

Texas is a community-property state, meaning anything acquired after marriage is typically owned equally.
A prenup can override that default rule.

You can identify:

what remains separate property
what will count as community property
how future income will be classified
whether increases in the value of a business remain separate

This prevents confusion later.

2. Ownership of Businesses and Professional Practices

If either future spouse owns or will build a business, a prenup can:

protect the business from division
define ownership percentages
separate future growth or appreciation
clarify roles and financial responsibilities
protect partners, shareholders, or investors

In Dallas–Fort Worth, this is one of the most common reasons couples seek a prenup.

3. Income, Bonuses, and Future Compensation

A prenup can decide how to treat:

salary
bonuses
commissions
RSUs and stock options
deferred compensation
profit-sharing or partnership distributions

This is especially important when one spouse is a high-earner or works in finance, medicine, law, or tech.

4. Real Estate and Property Acquired During the Marriage

Prenups can clarify:

who owns the marital home
whether one spouse’s separate funds become community property
how rental properties are handled
who carries debt tied to real estate

With rising home values in DFW, clarity matters more than ever.

5. Debt Responsibility

Couples can decide how they will handle:

student loans
credit card balances
personal loans
business debt
tax liabilities

A prenup can protect one spouse from being dragged into the other’s financial obligations.

6. Inheritances and Family Wealth

Prenups can preserve:

family trusts
future inheritances
generational wealth
gifts from parents or grandparents

This is crucial for families who want to maintain clear boundaries around inherited assets.

7. Spousal Support (Alimony)

Texas allows couples to:

waive spousal support
agree on specific support terms
set conditions for future support

These provisions must be fair and clearly documented to hold up in court.

**What Prenuptial Agreements Cannot Include**

Texas law prohibits certain topics in prenups, no matter how strongly the couple agrees.

A prenup cannot determine:

child custody
parenting schedules
child support amounts

These issues must be decided based on the child’s best interest at the time of separation.

How The Ashmore Law Firm Can Help

A strong Texas prenup isn’t just a form—it’s a carefully crafted contract that protects both partners and reduces future stress. Our attorneys guide you through the entire process, from financial disclosure to drafting to final signing. Whether you’re protecting a business, entering marriage with significant assets, or simply want clarity for the future, we help you create an agreement that is fair, enforceable, and built around your goals.

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Lori Ashmore Peters

With a deep background in estate planning, probate and business planning, Mrs. Peters brings a high level of financial insight to matters involving significant assets, business ownership and long term wealth preservation.

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Hamid focuses on protecting client rights with thorough legal analysis and practical advice. He is a strong advocate in court and a thoughtful problem-solver when resolution is possible outside the courtroom.

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