Timing
An agreement presented three days before a wedding is the single most common voluntariness attack. Start ninety days out.
Practice area
Prenuptial and postnuptial agreements
Premarital and marital property agreements drafted to survive a challenge years later.
What the law actually says
Texas has adopted the Uniform Premarital Agreement Act at chapter 4 of the Family Code. A premarital agreement must be in writing and signed by both parties, and it needs no consideration beyond the marriage itself. It becomes effective on marriage.
The point of a premarital agreement in a community property state is to define what will be separate and what will be community before the question ever becomes emotional. Couples use them to protect a family business, an inheritance expected later, a professional practice, or children from a previous marriage.
Texas makes these agreements genuinely difficult to set aside. Under section 4.006 the party resisting enforcement must prove they did not sign voluntarily, or that the agreement was unconscionable when signed and they were not given fair and reasonable disclosure, did not waive disclosure in writing, and did not have adequate knowledge of the other party's property. That is a demanding standard, which is exactly why the drafting and the disclosure schedule have to be right the first time.
Governed principally by Tex. Fam. Code ch. 4
What we handle in this area
- Premarital agreements for first and subsequent marriages
- Postmarital and partition or exchange agreements under section 4.102
- Agreements protecting a closely held business or professional practice
- Blended family planning coordinated with your estate planning attorney
- Separate property income characterisation agreements
- Review and negotiation of an agreement your fiance's lawyer drafted
- Full and fair disclosure schedules that will survive a later challenge
- Agreements involving non-citizen spouses and cross-border assets
How the case runs
Durations below are what we typically see on the El Paso County family docket. They are not statutory guarantees, and a case with a contested issue can sit outside them entirely.
- Week 1
Goals conversation
What you are protecting, from what, and for whom. Often the answer is children from a prior marriage.
- Week 1 to 3
Disclosure schedules
Both parties list assets, debts and income. This schedule is the agreement's armour against a later challenge.
- Week 2 to 4
First draft
We draft, you read it, and we go through every clause in plain English before it goes anywhere.
- Week 3 to 6
Independent counsel review
Your fiance retains their own lawyer. This is not optional in practice. It is the strongest enforcement fact you can build.
- 30+ days before
Signing
Signed and notarised well before the wedding. Signing the week of the ceremony invites a voluntariness attack.
What drives the cost and the timeline
Disclosure quality
A vague schedule invites a fight. List accounts, approximate values and debts, and attach statements where you can.
Independent representation
Two lawyers make an agreement far harder to unwind. One lawyer drafting for both parties is a conflict we will not accept.
What child support cannot do
A premarital agreement may not adversely affect a child's right to support. Any clause attempting it is void.
We signed the premarital agreement ninety days before the wedding, with my own lawyer reviewing it. No drama, no resentment, no surprise clauses.
Questions we get about prenuptial agreements
No. The most common reason our clients sign one is a blended family: each spouse wants their children to inherit what they brought in. Business owners and people expecting an inheritance are the next most common.
Yes. A postmarital agreement, or a partition and exchange agreement under section 4.102, can convert community property to separate property. The disclosure and voluntariness requirements are similar.
No. Conservatorship, possession and child support are determined by the child's best interest at the time of the case. A contract term purporting to fix them is not binding on the court.
Generally the agreement travels with you, but characterisation rules differ sharply between community property and equitable distribution states. We include choice-of-law provisions and recommend review after a move.
Typically three to six weeks from the first meeting to signature, assuming disclosure schedules come back promptly and the other side's attorney is responsive.