Prenuptial and Postnuptial Agreements in Texas — A Dallas Lawyer's Guide

The Texas legal framework for prenuptial agreements

Chapter 4 of the Texas Family Code (Subchapters A and B) governs premarital and marital-property agreements. Section 4.003 lets the parties agree on property rights and obligations, the disposition of property at divorce, and even the making of a will or trust to carry out the agreement's terms.

Section 4.006 makes an agreement unenforceable only if the challenging party proves that (1) they did not sign voluntarily, or (2) the agreement was unconscionable when signed AND they did not receive a fair and reasonable disclosure, did not waive the right to disclosure, and did not have — and could not reasonably have had — adequate knowledge of the property.

What a Texas prenup can — and cannot — do

It can: characterize separate property, decide how community property will be divided at divorce, waive or limit spousal maintenance, choose the governing law, and set terms for management of property during the marriage.

It cannot: bargain away a child's right to support, restrict conservatorship or possession schedules, or violate public policy. The best interest of the child always wins.

When to consider a postnuptial agreement instead

Postnuptial agreements under §4.102 are often the right tool when circumstances change: one spouse inherits property, starts a business, the couple reconciles after a temporary separation, or they want to clarify previously ambiguous assets. Like prenups, they require full disclosure and voluntary execution.