Pre-nuptial agreements, called premarital agreements under Texas law, are frequently in the news and even in pop culture references (shout-out to Kanye West). You may think that living in Dallas, Kaufman, or Rockwall County that you don’t need to worry about a premarital agreement, but they can be a very valuable tool. No one likes to think about divorce at the beginning of their marriage, but with the amount of marriages that end in divorce it can be extremely helpful to get an agreement in writing ahead of time to make sure that a divorce can be as painless as possible.
What are the requirements for a premarital agreement in Texas?
In Texas, a premarital agreement must be in writing and signed by both parties. It is pretty much that simple. There are many things that may be contracted for in a premarital agreement but one major thing that is NOT allowed to be modified in certain ways in a premarital agreement is child support. You can’t completely get rid of (the statute says, “adversely affect”) child support. It makes sense because it seems like bad policy to have a child suffer because of an agreement of the parties that was possibly made before they were even born.