Texas Prenuptial Agreement Laws: Enforceability and Rules (2026)

Yes. Texas enforces premarital agreements under the Uniform Premarital Agreement Act, Texas Family Code sections 4.001 through 4.010. The agreement must be in writing and signed by both parties, and section 4.006(a) sets out two grounds for refusing enforcement: involuntary signing, or unconscionability combined with a lack of financial disclosure. Section 4.006(c) makes those defenses exclusive.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital agreements under the Texas Uniform Premarital Agreement Act (Tex. Fam. Code ch. 4, subch. A) and, briefly, marital property agreements under chapter 4, subchapters B and C. It does not cover drafting, sample terms, how Texas divides property at divorce, or other states' law. For divorce, see Texas divorce laws.

Which law governs prenups in Texas?

Texas has adopted the Uniform Premarital Agreement Act. Chapter 4, Subchapter A of the Family Code is titled "Uniform Premarital Agreement Act," and section 4.010 says the subchapter "may be cited as the Uniform Premarital Agreement Act." The subchapter's current text traces to Acts 1997, 75th Legislature, chapter 7, the recodification of the Family Code.

Texas is a community property state. Section 3.002 provides that "Community property consists of the property, other than separate property, acquired by either spouse during marriage." A premarital agreement is one way couples change how that default applies to them. For how property is handled when a marriage ends, see Texas divorce laws.

What a Texas prenup needs to be valid

The formal requirements are short. Section 4.002 says: "A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration." The subchapter contains no notarization or witness requirement.

Under section 4.004, "A premarital agreement becomes effective on marriage."

When a Texas prenup is not enforceable

Section 4.006(a) sets out two grounds for defeating a premarital agreement, and section 4.006(c) makes the section's defenses exclusive. The burden is on the party resisting enforcement, who must prove one of them:

"A premarital agreement is not enforceable if the party against whom enforcement is requested proves that: (1) the party did not sign the agreement voluntarily; or (2) the agreement was unconscionable when it was signed and, before signing the agreement, that party: (A) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (B) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (C) did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party."

The second ground is demanding. Unconscionability alone is not enough. The challenger must also show all three disclosure elements, (A), (B) and (C), joined by "and." So under this text, the second ground is not met if, for example, the challenger received fair and reasonable disclosure, or waived further disclosure in writing, even if the agreement was unconscionable when signed.

Two more rules shape these disputes:

• The judge decides unconscionability. "An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law" (4.006(b)).
• No other defenses. "The remedies and defenses in this section are the exclusive remedies or defenses, including common law remedies or defenses" (4.006(c)).

What the statute does not require

Texas's Subchapter A contains no independent-counsel requirement, no waiting period before signing, and no special counsel rule for a spousal-support waiver. The enforceability test is the one in section 4.006, and this article does not predict how a court would apply it to a particular agreement.

Lawyers licensed in Texas can draft or review premarital agreements, and each party can consult their own counsel.

What a Texas prenup can and cannot cover

Section 4.003(a) lists the subjects a premarital agreement may address. They include "the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event" (4.003(a)(3)), "the modification or elimination of spousal support" (4.003(a)(4)), and "the choice of law governing the construction of the agreement" (4.003(a)(7)). The list ends with a catch-all: "any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty" (4.003(a)(8)).

There are limits:

• Child support. "The right of a child to support may not be adversely affected by a premarital agreement" (4.003(b)).
• Public policy and criminal statutes. The catch-all in 4.003(a)(8) excludes any matter in violation of public policy or of a statute imposing a criminal penalty.
• Custody. Section 4.003 has no sentence about child custody, and this article did not research how Texas courts treat custody terms in a prenup.

Spousal support waivers

A Texas premarital agreement may provide for "the modification or elimination of spousal support" (4.003(a)(4)). Subchapter A does not add a separate counsel or disclosure rule for that kind of term; it is tested under the same section 4.006 grounds as the rest of the agreement. For how court-ordered maintenance works in Texas, see Texas alimony laws.

A Texas Supreme Court case on enforcing a prenup

In In re Marriage of I.C. and Q.C., No. 16-0770 (Tex. June 29, 2018), the Texas Supreme Court enforced a premarital agreement's forfeiture clause as written. A wife who unsuccessfully sought rescission of the agreement triggered the clause and lost a $5 million lump-sum payment. The court wrote that by "unsuccessfully seeking rescission of the Agreement and pursuing that remedy throughout the litigation," she had "[sought] to recover property in a manner at variance with [the] Agreement."

The case is not a ruling on voluntariness or unconscionability under section 4.006. A concurring opinion by Justice Lehrmann noted that 4.006(c) makes the listed defenses exclusive and questioned whether rescission is available at all, but that view is a concurrence, not the court's holding.

Changing or revoking a prenup

Section 4.005 provides: "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration." An oral agreement does not meet that requirement.

Time limits on claims under a prenup

Section 4.008 pauses the clock during the marriage: "A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party."

If the marriage turns out to be void

Section 4.007 covers a marriage that is later found void: "If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result."

Postnuptial agreements in Texas

Texas also lets spouses make property agreements after the wedding, in chapter 4's later subchapters.

• Partition or exchange (Subchapter B). Section 4.102 says "At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire." Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse's separate property. The agreement must be in writing and signed by both parties (4.104). Section 4.103 addresses income from separate property.
• Enforcement. Under section 4.105(a), a partition or exchange agreement is not enforceable if the party resisting enforcement proves they did not sign voluntarily, or that the agreement was unconscionable when signed and certain conditions existed before signing. The full conditions are in the statute.
• Converting separate property to community property (Subchapter C). Sections 4.201 through 4.206 govern agreements to convert separate property to community property. Section 4.203 requires the agreement to be in writing, signed by the spouses, identify the property and state that it is being converted. Under section 4.205(a), the agreement is not enforceable if the spouse resisting it proves they did not sign voluntarily or did not receive a fair and reasonable disclosure of the legal effect of the conversion; an agreement that prominently displays the warning set out in 4.205(b) is rebuttably presumed to give that disclosure.

Disclaimer: This article provides general legal information about premarital and marital property agreements under the Texas Family Code. It is not legal advice and is not a template. The information was verified on 2026-10-08 and the law can change. For advice about an agreement, consult a lawyer licensed in Texas.

Related

• Prenuptial agreement laws in every state
• Texas divorce laws
• Texas alimony laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in Texas?

Generally yes, if in writing and signed by both parties (Tex. Fam. Code 4.002). A court will not enforce one if the challenger proves involuntary signing, or unconscionability at signing combined with the lack of disclosure described in 4.006(a).

Does a Texas prenup need to be notarized?

Tex. Fam. Code 4.002 requires a writing signed by both parties. Subchapter A of chapter 4 contains no notarization or witness requirement.

Do both people need a lawyer for a prenup in Texas?

The Texas Uniform Premarital Agreement Act (Tex. Fam. Code 4.001-4.010) does not require independent counsel. Lawyers licensed in Texas can draft or review these agreements, and each party can consult their own.

Can a Texas prenup waive alimony?

Tex. Fam. Code 4.003(a)(4) allows a premarital agreement to address the modification or elimination of spousal support. Subchapter A has no separate counsel rule for a support waiver.

Can a prenup decide child support or custody in Texas?

A premarital agreement cannot adversely affect a child's right to support (Tex. Fam. Code 4.003(b)). Section 4.003 says nothing specifically about custody, and this article did not research that question.

Can we change our prenup after we get married in Texas?

Yes, but only by a written agreement signed by the parties. The amendment or revocation is enforceable without consideration (Tex. Fam. Code 4.005).

Is there a deadline to challenge a prenup in Texas?

Under Tex. Fam. Code 4.008, a statute of limitations on a claim under a premarital agreement is tolled during the marriage, but equitable defenses such as laches and estoppel remain available to either party.

Can married couples in Texas sign a postnuptial agreement?

Yes. Tex. Fam. Code 4.102 lets spouses partition or exchange community property at any time, in a writing signed by both (4.104), and chapter 4, subchapter C (4.201-4.206) governs converting separate property to community property.