Does Texas recognize premarital agreements? How do I make sure mine is effective?
Yes, Texas recognizes the validity of a properly executed premarital agreement. In general, a premarital agreement, in order to be effective, may not violate public policy or a statute imposing criminal penalties, may not adversely affect child support, and may not defraud a creditor. Premarital agreements may address any other matters in an attempt to outline the rights and obligations of a man and woman contemplating marriage.
On the most basic level, Texas requires that premarital agreements adhere to the following:
1. They must be in writing.
2. The parties must have the opportunity to receive a full disclosure of the other party’s property and financial obligations.
3. The agreement must be signed by both parties before the marriage.
A premarital agreement becomes effective on the date of marriage.