TX · PRENUP · Updated July 2026 · Free
Texas Prenuptial Agreement
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Texas at a glance: Consideration Required: No consideration needed (Tex. Fam. Code § 4.002) · Disclosure Waiver: Allowed if signed in writing (Tex. Fam. Code § 4.006) · Governing Law: Texas Family Code Chapter 4
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Overview
Prenuptial Agreements in Texas
Texas prenuptial agreements are governed by the Texas Uniform Premarital Agreement Act (Tex. Fam. Code § 4.001, et seq.).
Texas prenups do not require consideration to be valid. However, they are unenforceable if the signing was involuntary, or if there was a lack of fair and reasonable disclosure of assets and liabilities without a written waiver of disclosure (Tex. Fam. Code § 4.006).
Key Facts
Texas Prenuptial Agreement — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Consideration Required | No consideration needed (Tex. Fam. Code § 4.002) |
| Disclosure Waiver | Allowed if signed in writing (Tex. Fam. Code § 4.006) |
| Governing Law | Texas Family Code Chapter 4 |
Legal Requirements
Texas Legal Requirements
- Must be in writing and signed by both parties.
- A full schedule of assets and debts must be attached unless explicitly waived in writing.
Governing Laws
Texas Governing Laws
Tex. Fam. Code § 4.002
Writing and Signature
Declares that premarital agreements must be written and signed, without consideration.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Prenuptial Agreement — Frequently Asked Questions
Can a Texas prenup waive community property rights?
Yes. In Texas, a prenup is commonly used to agree that income and property acquired during the marriage will remain separate rather than becoming community property.