Texas Legal Glossary · Family Law

Premarital Agreement

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A premarital agreement is a written contract signed by two people before they marry, governed by the Texas Uniform Premarital Agreement Act, that sets how property, income, and debts will be characterized and divided during the marriage and if it ends.

Also called: prenuptial agreement, prenup

What a premarital agreement means in Texas

A premarital agreement, commonly a prenup, is a contract between prospective spouses that takes effect on marriage. Texas adopted the Uniform Premarital Agreement Act as Chapter 4, Subchapter A of the Family Code, § 4.001 through § 4.010. Under § 4.002 the agreement must be in writing and signed by both parties, and it is enforceable without consideration. Under § 4.004 it becomes effective on marriage.

Section 4.003 lists what the parties may agree on: rights in property, the power to manage or dispose of it, what happens on divorce or death, spousal maintenance, wills and trusts, and life insurance. Texas lets couples opt out of the community property system entirely, so that each spouse’s earnings stay separate property. The one limit is children. An agreement cannot adversely affect a child’s right to support.

How it works in practice

Each party has their own lawyer, exchanges a financial disclosure listing assets, debts, and income, and signs well before the wedding. Separate counsel and full disclosure are not required by the statute, but they are the standard defense against a later challenge. The agreement usually attaches schedules of each party’s separate property and spells out how a house bought during marriage, a business, or retirement contributions will be treated.

Texas enforces these agreements more readily than most states. Under § 4.006, the person resisting enforcement must prove either that they did not sign voluntarily, or that the agreement was unconscionable when signed and they did not receive fair and reasonable disclosure, did not waive disclosure in writing, and did not have adequate knowledge of the other party’s finances. All three disclosure elements must be shown. A bad bargain alone does not void the contract.

Why it matters in your case

A valid premarital agreement takes most property questions off the table in a later divorce, which removes the most expensive part of the case. It also protects a family business, an inheritance, or children from a prior marriage. The agreement can be undone by sloppy execution, though. Signing in the car on the way to the rehearsal dinner invites a voluntariness challenge. We draft and review these agreements with the enforcement defenses in § 4.006 as the checklist.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.