Weinman & Associates
Family Law Answers Now: 512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Rachel Messer
    • Miguel Castillo
    • Tracy Todd
    • Melissa Kocian
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact
Weinman & Associates
512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Rachel Messer
    • Miguel Castillo
    • Tracy Todd
    • Melissa Kocian
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact

Practicing Family Law With Heart For More Than 30 Years

  1. Home
  2.  » 
  3. Prenuptial Agreements
  4.  » 
  5. Challenging a prenuptial agreement

Challenging a prenuptial agreement

On Behalf of Weinman & Associates, P.C. | Jun 29, 2018 | Prenuptial Agreements

Here in Texas, prenuptial agreements are particularly important to consider prior to marriage. Unlike most other states, Texas uses community property guidelines when it comes to property division in divorce, meaning that any property each party does not preclude as separate property through a prenuptial agreement automatically converts to marital property. Should a couple divorce, they must split all the marital property equally.

If you have a prenuptial agreement in place, this does not necessarily mean that it stands up to scrutiny. Challenging a prenuptial agreement may mean that property previously set aside as personal property may convert to marital property subject to division. Generally speaking, spouses choose to challenge prenuptial agreements in two ways: challenging the construction of the agreement itself or challenging the provisions of the agreement.

If you find yourself bound to a prenuptial agreement, you may have grounds to challenge its execution if it was not properly put together or if you did not have proper opportunities to read the agreement and consider the terms yourself or with proper legal guidance. If, for instance, your spouse pressured you into signing the agreement, or did not give you enough time to read it before signing, you may contest it on these grounds.

Even if the agreement is properly constructed and you had sufficient time to review it, the provisions of the agreement may not stand up int court. Not all things are allowed in prenuptial agreements, and a court may strike down an agreement that includes violations of the law or unconscionable provisions.

Do not waste time challenging a prenuptial agreement if you believe that you have good reason to do so. The longer that you wait, the fewer options that you have to protect your rights and secure a fair, just resolution in your divorce.

Recent Posts

  • Divorcing a spouse who lives in Mexico
  • Top 7 Things To Know Before Getting A Prenup in Texas
  • What are the fiscal implications of a legal separation in Texas?
  • Are marriages in other countries valid in the United States?
  • How are retirement accounts divided in a Texas divorce?

Archives

Categories

RSS Feed

Subscribe To This Blog's Feed

Talk To Us About Your Family Law Case

To schedule a consultation, call 512-472-4040 or send an email by submitting this form.



11734A Schriber Road
Mustang Ridge, TX 78610

Austin, Texas Office



Phone: 512-472-4040

Pay via Law Pay
  • Follow
  • Follow
  • Follow
Review the Firm

© 2025 Weinman & Associates, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw