What Can Make a Prenuptial Agreement Unenforceable?

Creating a prenuptial agreement is an important step in protecting your future before you enter a marriage. With this important legal document, you and your spouse can ensure that, regardless of what happens between the two of you, your assets will be safeguarded. However, not every prenuptial agreement is enforceable, so it is important to understand what requirements you must meet.

Ensuring Your Prenuptial Agreement is Enforceable

In Texas, the Uniform Premarital Agreement Act (UPAA) outlines which elements the National Conference of Commissioners on Uniform State Laws believes should exist in a legally valid prenuptial agreement.

Below is a list of the requirements your prenuptial agreement must meet in Texas for it to be enforceable:

  • Your agreement is in writing. Oral contracts are not legally valid.
  • Your agreement is not supported by “consideration,” which is something one gives to the other to indicate support for the contract.
  • Both you and your future spouse negotiated and signed the agreement with the intention of getting married.

Your prenuptial agreement will not be legally valid if any of the following apply:

  • One spouse did not sign it voluntarily.
  • The agreement is so wholly unfair to one spouse that it would be unjust to enforce it.
  • One spouse did not provide the other with full disclosure of all property owned and financial obligations.
  • One spouse did not and could not have reasonably had knowledge of the other spouse’s financial obligations and property interests.

Moreover, there are certain issues a prenuptial agreement cannot address, particularly when it comes to child-related matters. A prenuptial agreement cannot be used to limit how much child support one parent will have to pay in the event of a divorce. Child support belongs to the child rather than the parent, which is why this cannot be included.

A prenuptial agreement also cannot include any determinations about child custody. Child custody is based on the best interest of a child and a judge will not give any consideration to an arrangement you outlined in your prenuptial agreement.

Let Our Team Help You Create an Effective Prenuptial agreement

Prenuptial agreements can be very useful and important tools, but only if they are enforceable. At Kay Polk, Attorney at Law, our experienced attorney can walk you through the process of creating a legally valid prenuptial agreement, so you can achieve some peace of mind.

Reach out to our law office today at (713) 234-6260 to schedule a consultation.