Texas: A+
Statutes
Texas Uniform Premarital Agreement Act
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at signing, not at enforcement. Changed circumstances during marriage will not invalidate a valid prenup.
Unconscionability Standard
A prenup is invalid only if extremely one-sided AND signed without fair financial disclosure (or written waiver) AND the challenging party lacked knowledge of the other's finances. Financial imbalance alone is not enough—even highly one-sided agreements are upheld.
Spousal Support Minimum
Complete waivers of spousal support are enforceable regardless of marriage duration or future circumstances. There is no public assistance minimum.
Timing
Courts have upheld prenups signed one day before the wedding when it was discussed for months prior. However, signing 30-60 days before with 1-2 weeks review time reduces challenge risk.
Independent Counsel
Not required if waived in writing. Lack of separate representation does not invalidate an agreement. However, independent counsel dramatically strengthens enforceability if challenged.
Financial Disclosure
"Fair and reasonable disclosure" of property and financial obligations required, or can be waived in writing.
Extremely High Burden to Challenge
Only two defenses allowed: involuntary execution or unconscionability. Common law defenses are prohibited. Challenging party bears the burden of proof.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Marsh v. Marsh, 949 S.W.2d 734 (Tex. App.—Houston [14th Dist.] 1997)
Held that lack of attorney representation alone doesn't make agreement unconscionable; disparity and one-sidedness don't automatically equal unconscionability. Party has duty to read document before signing and is supposed to know contract contents.
Chiles v. Chiles, 779 S.W.2d 127 (Tex. App.—Houston [14th Dist.] 1989)
One-sided nature of prenup doesn't equal unconscionability; even disproportionate agreements aren't necessarily unconscionable.
Moore v. Moore, 383 S.W.3d 190 (Tex. App.—Dallas 2012)
Agreement set aside as involuntary due to fraud and duress where husband misrepresented changes, prevented wife's attorney from reviewing until hours before wedding, and directed her to hire attorney of his choosing.
Williams v. Williams, 720 S.W.2d 246 (Tex. 1986)
Signing prenup one day before wedding doesn't render it unconscionable where couple discussed terms for six months prior and wife had business experience.
Sheshunoff v. Sheshunoff, 172 S.W.3d 686 (Tex. App.—Austin 2005)
Addressed fiduciary duty issues in prenuptial agreements; court held that challenging party didn't raise fact issue regarding involuntary execution.
In re Marriage of I.C., No. 16-0770, 558 S.W.3d 647 (Tex. 2018)
Texas Supreme Court case enforcing "no-contest" clause in prenup; wife lost $5 million payment by attempting to rescind agreement, triggering forfeiture clause.
Osorno v. Osorno, 76 S.W.3d 509 (Tex. App.—Houston [14th Dist.] 2002)
Threat not to marry without signed prenup is insufficient to constitute duress; party has legal right not to marry.
Fazakerly v. Fazakerly, 996 S.W.2d 260 (Tex. App.—Eastland 1999)
Held that "the mere fact that a party made a hard bargain does not allow him relief from a freely and voluntarily assumed contract".