Thinking about a prenup in the Lone Star State? Good for you—prenups are a helpful tool to protect finances but also promote alignment in your future marriage. But, where do you start? What are the legal requirements for a prenuptial agreement in Texas? What can you include in the contract? Does it need to be notarized? Let’s get into everything you need to know about getting a prenuptial agreement in Texas. 

1. Texas is a community property state 

First, it’s important to understand what happens in Texas when you do not have a prenuptial agreement in place. Texas is a community property state, which means that assets accumulated during the marriage are generally split 50-50 with a few exceptions. For example, even if one person purchases a home during the marriage, both parties may be entitled to 50% of the asset. However, if you have a prenuptial agreement, you can override the default laws of Texas in order to make your own rules about how property is divided in case of a divorce. 

2. Texas prenups must comply with the Texas Premarital Agreement Act 

So, what makes a valid and enforceable prenuptial agreement in Texas? The agreement must comply with TX Fam Code § 4.001 et seq. The requirements include: 

• Putting the agreement in writing 
• Make sure both parties sign it 
• Make sure both parties provide the other with financial disclosure of all assets, debts, income, and future known inheritances 
• Ensure each party voluntarily enters into the agreement (without any fraud, duress, coercion, etc.) 
• The agreement must not be grossly unfair (i.e., unconscionable)

As long as all of these requirements are met, your agreement has good odds of holding up in court. 

3. You cannot include child custody or support in your Texas prenup 

One thing to keep in mind about Texas prenups is that they cannot include child matters (custody or support) because these are the rights of the child, not the parents. This means you cannot waive or alter custody or support obligations in a prenuptial agreement. However, you may include clauses about property division, property ownership, spousal support, inheritances, estate rights upon death, life insurance, and more. 

4. You don’t need to have any assets in order to get a prenup in Texas

There is no required amount of money you need to have to get a prenuptial agreement in the state of Texas. You can have $0 and still benefit from a prenup. For example, you can use a prenup to protect yourself against your partner’s debt, to protect your future earnings, to protect your pets, to allow you a portion of assets from your spouse in case of divorce, and much more. A prenup isn’t just about what you have now—it’s also about planning for the future. Whether you’re entering the marriage with nothing or just starting out in your career, a prenuptial agreement can help clarify expectations, reduce future conflict, and give you peace of mind as you build your life together.

5. Texas prenups don’t need to be notarized, but it’s a good idea to do so anyway

There is no legal requirement to have your Texas prenup notarized. However, getting your prenup notarized can be a good idea to add an additional layer of protection to your agreement. Notarization is the process of having your prenup acknowledged and witnessed by a notary public who confirms your identity and that you know what you’re signing. If you’re using HelloPrenup, you can also get your prenup notarized online—making it easy, convenient, and completely remote. You can handle everything from start to finish without ever leaving your home.

6. A Texas prenup does not need to be 50-50 

Even though prenups legally must not be “unconscionable” (meaning grossly unfair), they do not necessarily need to be a 50-50 split. You can have an uneven split of property in a prenuptial agreement and still have it hold up in court. It just must not be egregiously one-sided to the point where no reasonable person would agree to the terms. For example, one person should not be left on food stamps while the other person sails off in their yacht. Bottom line? Prenups don’t need to split the pot 50-50 but they should be reasonable. 

7. Prenuptial agreements can help strengthen your future marriage 

Prenuptial agreements protect individual finances, but they also promote marital harmony. By going through the prenup process, couples are forced to align on important topics, such as handling joint bank accounts, property management, property division, retirement, and so much more. Having these conversations upfront helps not only deter conflict down the road but also build trust and alignment in the relationship. In fact, about 83% of HelloPrenup couples who completed the prenup process said that they felt closer together than ever before. 

The bottom line on Texas prenuptial agreements

There you have it—the top seven things to know about getting a prenuptial agreement in Texas. It’s important to understand what happens in a divorce without a prenup and what to do to create a valid agreement. Remember that you cannot include child matters in your Texas prenup, and there is no amount of money required to get a prenup. The best news? Prenups do so much more than protect financial security—they also promote marital harmony and help get your marriage started off on the right foot. Happy prenup planning!