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Getting Married? Here’s What to Know About Prenups in Texas

April 11, 2024
Helpful Article

When people hear the word prenup, they often think of divorce and the possibility of their marriage failing, which can make them hesitant even to consider getting a prenup. However, the reality is that having a prenup in place is not a sign of distrust or lack of commitment to your partner. A prenuptial agreement can protect both parties' assets if the worst happens in the marriage.

Bride and groom walking through a grassy field, with text that reads, "Getting married? Here's why you need a prenup"
In Texas, people tend to get married in their mid to late twenties, and those who opt for prenuptial agreements are generally in their early thirties or older. By this age, they often have acquired substantial assets such as homes, stocks, and other valuable properties. In some cases, there may be a possibility that one partner could try to claim property rights or profits that initially weren’t theirs in the event of a divorce. Prenuptial agreements can even protect both partners from complications in case of divorce, such as avoiding taking on your partner’s debts that were acquired throughout your marriage.

I don’t have assets, so should I still get a prenuptial agreement?

Despite the depiction of prenups in the media as exclusively for the rich and famous with tons of money and assets, prenups can protect anyone regardless of income level. Getting a prenup in Texas can still be beneficial even if you don’t own any assets. Here are some examples of what you may want to consider covering in a prenuptial agreement:

  • Are you planning on being a stay-at-home parent? If you leave work to care for your children, you can request spousal support in case of divorce.
  • When you and your partner own one or more properties, a prenup can help divide them in the event of a divorce.
  • You and your partner can jointly decide on a fair split of all money saved.
  • When receiving an inheritance during marriage, a prenup ensures it remains with the recipient in case of divorce.
  • Any pets you may have and want to remain owning in the event of a divorce can be claimed in a prenup.

Pregnant woman and a man reading a contract, held by a lawyer

Prenups in Texas

While prenups in Texas can cover everything in the Texas Family Code Section 4.003 (a), it is important to keep in mind that prenups cannot:

  • Concern child support: It means that the prenup cannot change the amount of child support you are required to pay in the event of a divorce.
  • Prenups do not apply to common law marriages– a marriage license is required to have a prenup take effect.
  • A prenup in Texas cannot take effect if both parties don’t sign in agreement.

“I am married and I did not sign a prenuptial agreement. What options do I have?”

You can still consider a postnuptial agreement if you didn’t sign a prenup before getting married. This agreement is like a prenup, but it’s signed during the marriage instead. The main difference is that you and your partner may have acquired new assets or property by the time you decide to sign a postnup, whereas, in a prenup, you would be planning for these assets ahead of time. It’s still the same process, just at a different point in time!

“I think a prenup is right for me. How do I get a prenup/postnup in Texas?”

You can get started in the prenup process by researching prenup lawyers near you, and engaging with a lawyer in a consultation. However, the difficult part is the cost, with most prenup services costing around $800-$900. However, no need to worry; Texas Legal is here to help! As a non-profit organization, we help our members get access to prenup legal services with affordable monthly or annual premiums. You can get coverage for a prenup/postnup, and find a high-quality attorney through our Online Attorney Finder. We help cover the prenup lawyer’s costs so you can focus on making memories of getting married! If you’re interested in becoming a Texas Legal member, you can check out our plans or join now!

Detailed prenup infographic

Become a member today!

If you are looking to get a prenup* in Texas, or to receive legal protection at an affordable cost in a variety of legal services, contact us today! Protect yourself from life’s unexpected events with Texas Legal by your side.

To understand more about what Texas Legal covers, review our plan benefits, and if you’re ready to receive legal protection, feel free to contact us or sign up for coverage today.

Not a member of Texas Legal? Join for as little as $50 a month. If you are a veteran or bank with a credit union, your monthly cost could be even lower. Find out what your rate is today!

Join Texas Legal

*The Prenuptial or Postnuptial Agreement benefit under the Preferred and Secure Plan covers representation for a Participant regarding document drafting and review for a premarital agreement (also known as a prenuptial agreement) or marital property agreement (also known as postnuptial agreement) where the Participant is a party to the agreement and no issue in the agreement is contested. For more details regarding benefits, please contact Texas Legal at 1-800-252-9346 or members@texaslegal.org.

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