In Texas, Prenuptial Agreements are becoming a very important tool for prospective spouses in the event of future marital problems. With the rise in divorce rates and more boomer/senior remarriages, many people with assets are turning to a marital contract to sidestep a potentially difficult and very expense divorce.

A prenuptial agreement allows prospective spouses to, legally in advance, specifically define rights and obligations to each other and further allows spouses to decide their future marital property rights with relativity minimal judicial actions. A prenuptial agreement, in Texas, can cover any matter except:

Violate public policy or a statute imposing criminal penalties Adversely affect a child’s right to support Defraud a creditor

Texas Family Code 4.003(a)(8), (b),4.106(a).

Among the permissible provisions that parties can list in a prenuptial agreement are the following: