Austin Prenuptial Agreement Attorney

Prenuptial Agreement Attorneys in Austin

Pre-nuptial Agreements Lawyers in Austin, TX

Getting married is an exciting milestone, but it also means making important financial decisions together. A prenuptial agreement, also called a premarital agreement, allows couples to establish clear expectations about property, debt, and financial responsibilities before marriage.

In Austin, Texas, prenups can be especially useful for people who own businesses, have significant assets, expect an inheritance, or are entering a second marriage. A properly drafted prenuptial agreement can also help protect individual interests and reduce uncertainty if the marriage ends.

What a Texas Premarital Agreement Actually Does

A Texas prenup establishes how certain property, financial obligations, and other permitted matters will be handled during the marriage or if the marriage ends.

When the Agreement Takes Effect

Under Texas Family Code Section 4.004, a premarital agreement becomes effective as soon as the couple marries. Both parties must sign the written agreement before marriage for it to qualify as a premarital agreement.

It is important to start the process well before your wedding date. Giving yourselves several months to discuss financial expectations, review the proposed terms, and make revisions can help reduce stress and give both parties time to make informed decisions. Waiting until the last minute can create unnecessary pressure and may raise questions about whether the agreement was signed voluntarily.

What You Can Put in a Texas Prenup

Texas law allows couples to customize a prenup around their financial circumstances, provided the agreement follows the applicable legal requirements.

The Eight Categories Texas Allows

Under Texas Family Code Section 4.003, a Texas prenup may address eight categories:

  1. Each person’s rights and obligations regarding property.
  2. How property is bought, sold, managed, transferred, or controlled.
  3. How property is distributed upon separation, divorce, or death.
  4. Modification or elimination of spousal support.
  5. Wills, trusts, and other arrangements that carry out the agreement.
  6. Ownership and distribution of life insurance death benefits.
  7. The choice of law governing the agreement.
  8. Other personal rights and obligations that do not violate public policy or applicable criminal statutes.
Texas Prenuptial Agreements

Spousal Maintenance Can Be Modified or Eliminated

Texas law allows couples to address spousal maintenance, also known as spousal support, in a prenup. Depending on what the agreement says, couples can change or waive certain rights to financial support if they divorce. These decisions can have a lasting impact on both spouses’ finances so it’s important that each person understands the terms and feels comfortable with what they’re agreeing to before signing.

What a Prenup Cannot Touch

While a prenup gives couples flexibility in planning their financial future, there are some limits. A Texas prenup cannot take away a child’s right to child support, and it cannot include terms that violate Texas law or public policy.

What Makes a Texas Prenup Enforceable

A well-drafted agreement should clearly express both parties’ intentions and comply with Texas Family Code requirements.

The Formalities are Minimal

The law generally requires a Texas prenup to be:

  • In writing.
  • Signed by both parties.

The agreement does not require consideration to be enforceable. Although independent legal representation is not a requirement, each person having their own family law attorney can help clarify the terms and advocate for your best interests. 

Fair and Reasonable Disclosure

Before signing, both parties should understand the other’s financial circumstances. Sharing information about income, assets, debts, and financial obligations can help establish a clear foundation for the agreement.

Texas law does not make detailed financial disclosure an unconditional requirement in every case. However, disclosure can become important later on if someone challenges an agreement’s enforceability.

Can a Prenup be Thrown Out in Texas?

Yes. Texas Family Code Section 4.006 identifies two statutory defenses to enforcing a premarital agreement.

Defense One, the Agreement Was Not Signed Voluntarily

An Austin court may refuse to enforce a Texas prenup if one person can show they did not sign it voluntarily. For example, pressure, threats, or the circumstances surrounding the signing may factor into the court’s decision.

Starting the conversation early and giving both people plenty of time to review the agreement can help avoid last-minute pressure and give each person a chance to understand what they’re agreeing to before signing.

Defense Two, Unconscionable Plus No Disclosure

An Austin court may also refuse to enforce a prenup if it was unconscionable when signed and the person challenging it meets the law’s additional requirements. They must show that:

  • They did not receive fair and reasonable information about the other person’s property or financial obligations.
  • They did not voluntarily waive their right to additional financial information in writing.
  • They did not have, and reasonably could not have obtained, enough information to understand the other person’s financial situation.

All three conditions must be met for this defense to apply. In other words, a Texas prenup is not automatically unenforceable just because one person feels the terms were unfair or financially unfavorable.

Why There is No Third Argument

Texas law sets out specific grounds for challenging a prenup. Under Texas Family Code Section 4.006(c), these statutory defenses are exclusive and include common-law defenses. This means a person generally cannot get a prenup thrown out by relying on a separate legal argument that falls outside the statute.

Prenup or Postnup, Which One Fits Your Situation?

A Texas prenup is signed before marriage and takes effect when the marriage occurs. A postnuptial agreement is made after marriage and can address certain property rights and financial arrangements under Texas law.

If you are already married, a postnup may be an option, but different statutory requirements can apply. An Austin family law attorney can help you determine which agreement fits your circumstances.

Prenuptial Agreements in Austin

Prenup or Postnup, Which One Fits Your Situation

A Texas prenup is signed before marriage and takes effect when the marriage occurs. A postnuptial agreement is made after marriage and can address certain property rights and financial arrangements under Texas law.

If you are already married, a postnup may be an option, but different statutory requirements can apply. An Austin family law attorney can help you determine which agreement fits your circumstances.

What a Prenuptial Agreement Costs in Austin

The cost of a prenup in Austin depends on the complexity of your finances, the terms you want to include, and how much negotiation is needed.

Factors affecting attorney fees may include:

 

Ask for a clear fee estimate and confirm what drafting, revisions, financial disclosures, and negotiations are included.

Do You Actually Need a Prenup?

Talking about a prenup can feel uncomfortable, especially when you’re excited to start your life together and don’t want to cause any contention. At the same, it is always smart to have a plan for your financial future. A prenup isn’t just for wealthy couples, and it’s not the right choice for everyone. What matters is your unique situation, your financial goals, and what makes sense for you and your future spouse.

A Texas prenup may be worth considering if you:

  • Own a business or have property you’d like to protect.
  • Have significant savings, investments, or debt.
  • Expect to receive an inheritance or want to preserve family assets.
  • Are getting married again or have children from a previous relationship.
  • Want to establish clear expectations about finances before tying the knot.

Every couple is different, and there’s no one-size-fits-all answer. The goal isn’t to plan for your marriage to fail. It’s to have an honest conversation about money, understand each other’s expectations, and decide together whether a prenup is the right fit for your future.

Austin Prenuptial Agreement Attorneys

How We Draft a Prenuptial Agreement

At Deyerle Silva Smith, PLLC, the goal is to develop an agreement that reflects your priorities while complying with Texas law. The process typically involves reviewing your financial circumstances, identifying the issues the agreement should address, drafting proposed terms, and working through revisions with both parties. The final document should clearly explain each person’s rights and obligations.

Our experienced Austin family lawyers will help you understand your options and prepare an agreement tailored to your needs. If you are considering a Texas prenuptial agreement, reach out to our team to schedule a consultation. 

Austin Prenuptial Agreement FAQs

Does a prenup need to be notarized in Texas?

Texas Family Code Section 4.002 requires a written agreement signed by both parties but does not expressly require notarization. Ask your attorney whether additional execution steps are appropriate for your circumstances.

Texas law does not require each party to hire an attorney. However, legal guidance can help identify important issues, clarify financial terms, and reduce the risk of disputes.

A prenup can address property rights and obligations involving a business, including how certain interests may be treated if the marriage ends. The terms should reflect the ownership structure and financial circumstances.

Yes. Under Texas Family Code Section 4.005, spouses may amend or revoke a premarital agreement after marriage through a written agreement signed by both parties.

Achieving the best outcomes

See what our clients are saying about their case outcomes. 

"Candice, Ashley, and Laurie are highly professional, strategic, thorough, and above all intelligent. They helped me stay organized (which is no small feat), gracefully pivoted in the face of challenges, and provided emotional clarity in times of distress, even when those challenges and distressful situations were due to missteps by me. In my case, Candice routinely exhibited prescience regarding which matters deserved focus and which matters were distractions, which saved time, and money. Ashley expertly delivered to the court clear, concise, and highly effective summaries of complex topics. More than once, Candice and Ashley noticed and brought to light critical details that easily would have been missed and that had a huge impact. I couldn't say enough about how much this team helped me through my ordeal."
Greg Banister
"Lianna inspired confidence from my first contact with her. Her calming demeanor and good information convinced me to let her handle my divorce, and I believe that was a good decision to this day. She handled my divorce very professionally and respectfully and with favorable results. I can easily recommend Team Lianna for divorce matters."
Neil Sembower
"Incredibly experienced - Produces great results Kody was the best decision I made when choosing legal representation. His experience was invaluable in helping me understand the ramifications of each option and choices available during my divorce proceedings. The professional nature of Kody and his team was evident by their responsiveness and execution. Preparation meant everything as we headed into mediation and I felt supported and empowered by his informed and organized approach. He was sensitive and honest about the cost/benefit of each complex element of our assets/liabilities which led to a successful agreement and avoided costly litigation. Divorce is a major life event that has a long lasting impact on everyone involved. His guidance during this difficult time has made the experience positive for me and has laid a strong framework for my future and my children's future as I move forward."
Alex
"Divorce sucks. The issues keep coming years later. No other way to phrase it. My experience with the firm was top notch. I retained the firm for a mediation in an effort to have more visitation with my two young boys. My attorney (Lianna Smith) took my concerns and helped build a plan around what wanted. During all the times of frustration, Lianna would constantly talk me off the ledge and remind me to play the long game. Her paralegal (Laurie Theriot) was always available to answer a question or look up something. Laurie is a jewel!"
Richard Lazo
"Ultimately what needed to get done was done. But throughout the several months I used their service, I had to prompt them to do things. I also caught numerous errors that I feel like they should have caught prior to sending me something to approve. Fortunately I have had experience reviewing legal documents, though I’m definitely not an attorney. When I would send Laurie, the paralegal assigned to me, an email she was very responsive, so that was a good experience. I never had trouble getting ahold of them, I just usually had to prompt the communication and I did not think it was appropriate that I had to point out as many errors in legal documents as I did. If you are not prone to reading everything, proceed with caution."
Michael Bullock
"Knowledgeable, Realistic, Compassionate, & Gets Results When first meeting with Mr. Silva, he asked me, ideally, what I would like to get out of the divorce process and to prioritize them. He walked me thru how the legal process would work and then laid out a strategy to try to reach objectives we had set and agreed upon. Mr. Silva was very knowledgeable of the law and of the Williamson County court system. Mr. Silva and his team were always very responsive whenever I had a question or concern regarding my case. Mr. Silva valued my time and concerns. When is was all said and done, the strategy that Mr. Silva had laid out, worked, and we were able to achieve our top three priorities in the case. I would definitely retain him again in the future if the need ever arose."
Ryan
"I needed an understanding divorce lawyer to help me complete complicated and detailed divorce. One that had been winding through the process in Washington DC and needed to start over and be re-executed in Texas. Laurie Theriot and her paralegal Candace Deyerle were amazing to work with and so helpful on the detail work. Thanks to the whole thing in helping set me free. I could not recommend them enough."
Victoria G.
"I went through a difficult divorce recently that required experience with LGBTQ issues. Picking Kody for my legal counsel was the best choice I could have made. I knew from the first meeting with Kody that he was completely invested in my case and would give it the attention it would require. He proved to be an exceptional lawyer. He was fair-minded, professional, and realistic at all times, even when my ex-wife’s lawyer was trying to make it extremely difficult to stay civil. He knew when to be firm and unwavering with the opposing counsel, which ultimately resulted in an agreement without having to go to court. Kody and his paralegal, Priscilla, are an excellent team. They were friendly and responsive at all times. The billing of my case was handled in a very prudent and efficient manner. I wouldn't hesitate to hire Kody again in the future."
Anonymous
"Outstanding Job Lianna listen to me and was compassion to my situation. She worked with me and guided me as to what I would be expecting during the whole divorce. She outline detail by detail the steps that were going to be taken. She was always there to answer my concerns and questions. During the mediation she fought all the way to make sure that I got my fair share. Her attention to detail was awesome. I couldn't had asked for a better lawyer than her. I had met with other lawyers before her and they didn't acknowledge the pain I was going through. However, when I met with her she listen and was so understanding toward my pain that I immediately knew she will fight for me."
Minerva

Legal support for complex family law cases

Stand with a team who advocates for your rights