Are Prenups Enforceable in Texas?

prenuptial agreement enforcement texas

Are Prenups Enforceable in Texas?

Prenups are enforceable. The Texas Supreme Court wrote in 1991:

“We hold that the 1980 amendment to article XVI, section 15, of the Texas Constitution demonstrates an intention on the part of the legislature and the people of Texas to not only authorize future premarital agreements, but to impliedly validate section 5.41 of the Texas Family Code and all premarital agreements entered into before 1980 pursuant to that statute. The legislature and the people of Texas have made the public policy determination that premarital agreements should be enforced.” (Emphasis added) Beck v. Beck, 87 S.W.2d 745 (Tex 1991).

Since then, many appellate opinions have reinforced the rule that prenups are favored and enforced. When written correctly and signed using the right procedure, a prenuptial agreement is almost impossible to defeat.

Texas Family Code Chapter 4 is devoted to marital property agreements (prenuptial and postnuptial agreements). §4.002 says simply:

“A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.” Tex. Fam. Code §4.002.

§4.006 lists defenses to the agreement. If it was signed voluntarily, it’s hard to get around.

The Constitution of the State of Texas, Art. XVI, section 15 includes:

“…persons about to marry and spouses, without the intention to defraud pre-existing creditors, may by written instrument from time to time partition between themselves all or part of their property, then existing or to be acquired, or exchange between themselves the community interest of one spouse or future spouse in any property for the community interest of the other spouse or future spouse in other community property then existing or to be acquired, whereupon the portion or interest set aside to each spouse shall be and constitute a part of the separate property and estate of such spouse or future spouse; spouses also may from time to time, by written instrument, agree between themselves that the income or property from all or part of the separate property then owned or which thereafter might be acquired by only one of them, shall be the separate property of that spouse;…” (Tex. Const. art. XVI, §15)

The Texas Constitution, Family Code and Supreme Court all say premarital, or prenuptial, agreements are enforceable.

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