As more couples in Texas get married later in life, prenuptial agreements are becoming increasingly popular. In fact, according to a survey by the American Academy of Matrimonial Lawyers, over 60% of attorneys have seen an increase in the number of prenuptial agreements drafted in recent years.

A prenuptial agreement, also known as a premarital agreement, is a contract entered into by two people before they get married. The purpose of the agreement is to determine how assets and debts will be divided in the event of a divorce or death of one spouse.

In Texas, prenuptial agreements are governed by the Texas Family Code. The Code requires that the agreement be in writing and signed by both parties. It also requires that the agreement be entered into voluntarily and with full disclosure of each party’s assets and liabilities.

One important factor to note is that a prenuptial agreement cannot waive the right to child support. The courts have a responsibility to ensure that the needs of any children are met, regardless of any agreement between the parents.

Another important consideration is that the terms of a prenuptial agreement cannot be unconscionable. This means that the terms cannot be so one-sided that they would be considered unfair or unjust by a court. In order to avoid this, both parties should consult with their own attorneys to ensure that the agreement is fair and reasonable.

Prenuptial agreements can be particularly beneficial for couples with significant assets or debts, or for couples where one or both spouses have been married previously. They can also help to clarify financial expectations and prevent misunderstandings down the road.

Overall, prenuptial agreements can offer peace of mind to couples in Texas who want to protect their assets and plan for their future. As with any legal agreement, it is important to consult with a qualified attorney to ensure that the agreement is valid and enforceable.