Texas law provides that the parties can agree to keep property separate if they specifically write such into their prenuptial agreement. However, it should be noted that income derived from the separately owned property can become a joint asset after the marriage if not also addressed within the prenuptial agreement. An experienced prenuptial agreement attorney can best advise you on your rights and guide you to the appropriate protections for your individual circumstances.

A prenuptial agreement can include many topics. It is effective on the date of the marriage. Texas law requires that it must be in writing and signed by both parties prior to the marriage.

Topics can include:

• Property and accounts owned separately before marriage (such as homes, businesses, investments, retirement accounts, inheritances).
• Income streams that result from assets owned before the marriage.
• Personal debt, especially if one party owes a significant amount of money, e.g., student loans.
• Non-financial assets, such as sentimental items and even pets.
• Protection of intellectual property, for example, patents, inventions, business ideas, copyrights, commercial images, etc.
• Under Texas law, a child’s right to receive support can not be adversely affected by a prenuptial agreement. 
• Spousal support.
• While not a substitute for a will, the prenuptial agreement can provide guidance and context in the event of death as well as address life insurance policies.  
• Genetic property such as eggs, embryos, and sperm.
• Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

In El Paso, Texas, talk to an experienced prenuptial attorney at Laine Law Firm. With their years of legal experience, they can answer your questions and help prepare a prenuptial agreement that meets your individual needs and protects your rights.  

“Can you” and “should you” are entirely separate concepts. Yes, you can write your own premarital agreement because, in Texas, a premarital agreement is only required to be in writing and signed by both parties. It takes effect on the date of the marriage, so it can not be entered into AFTER you are married, and if you never marry, it is essentially meaningless. However, drafting a well-written contract that considers the nuances of the law can be a complicated endeavor. The benefit of an experienced prenuptial lawyer can significantly assist you in protecting your rights. 

The party seeking to enforce a prenuptial agreement in Texas will need to petition the appropriate court. In general, the court will enforce the prenuptial agreement unless evidence is presented to show:

(1)  the party did not sign the agreement voluntarily;  or

(2)  the agreement was unconscionable (unconscionability of a premarital agreement is decided by the Court as a matter of law) when it was signed and, before signing the agreement, that party:

(A)  was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B)  did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;  and

(C)  did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

Prenuptial agreements, in general, have no set expiration date. Prenuptial agreements can be changed at any time during the marriage with the mutual agreement of the parties.