Texas-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Texas is a community property state. Under Texas law, most property either spouse acquires during the marriage, including income and earnings, is presumed to be community property owned by both spouses, regardless of whose name is on the account or paycheck. That makes a prenuptial agreement matter more in Texas, not less. Without one, the community property system governs how your assets and income are characterized, and how they are divided in a divorce. A prenuptial agreement is how you opt out of those default rules and decide for yourselves what stays separate.
Prenuptial agreements in Texas are governed by the Uniform Premarital Agreement Act, codified at Texas Family Code Chapter 4. The standard is well-established, and Texas is generally a pro-enforcement state, which means a properly made agreement is difficult to overturn.
To be valid in Texas, a premarital agreement must be in writing and signed by both parties. No consideration beyond the marriage itself is required, and the agreement becomes effective when the couple marries. Texas does not require witnesses or notarization by statute, although notarization is strongly recommended and standard practice.
Under Section 4.006, a Texas premarital agreement is unenforceable only if the party resisting it proves one of two things:
The second ground is important to understand because it is conjunctive. Unconscionability by itself is not enough. The challenger has to prove both that the agreement was unconscionable and that disclosure was inadequate. As a practical matter, that means a Texas prenup backed by full, documented financial disclosure is very hard to challenge on fairness grounds. Whether an agreement is unconscionable is decided by the court as a matter of law.
In a community property state like Texas, the default rule is that nearly everything earned during the marriage is owned 50/50. A prenup is how you change that. And because Texas requires a challenger to prove both unconscionability and inadequate disclosure to undo an agreement, a Texas prenup built on full, documented disclosure is one of the most durable agreements you can make. We treat complete disclosure as standard for every Texas agreement.
$150, credited toward your agreement.
Custom to Texas law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Texas does not impose a statutory waiting period or witness requirement, but we structure the process so the agreement is signed well before the wedding and with full, documented financial disclosure on both sides.
Flat fee. Clear scope. No surprises.
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We work with couples across Texas, from Houston, San Antonio, and Dallas to Austin, Fort Worth, El Paso, Arlington, and Plano. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Texas-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, knows Texas community property law, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Texas, also called a premarital agreement, is a written contract signed by two people before marriage that sets out how their property, debts, and spousal support will be handled if the marriage ends in divorce or death. Because Texas is a community property state, a prenup is the main tool couples use to opt out of the default rule that most property acquired during marriage is owned 50/50. These agreements are governed by Texas Family Code Chapter 4.
Yes, and Texas is generally a pro-enforcement state. Under Texas Family Code Chapter 4, a valid agreement is enforced unless the party resisting it proves either that they did not sign voluntarily, or that it was unconscionable when signed combined with inadequate financial disclosure. Both parts of that second ground must be proven, which makes a well-documented Texas prenup difficult to overturn.
A valid Texas prenup must be in writing and signed by both parties and is enforceable without consideration. Texas does not require witnesses or notarization by statute, although notarization is strongly recommended. Full financial disclosure, while not strictly required for validity, is the single most effective protection against a later challenge.
At Prenups.com, a Texas prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Texas prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding so there is no time pressure, since signing under pressure can support a later claim that the agreement was not signed voluntarily.
Yes. A prenuptial agreement must be signed before marriage and becomes effective on the date of marriage. If you are already married, the equivalent in Texas is a partition and exchange agreement or a conversion agreement, which are Texas’s forms of postnuptial agreement. Texas does not set a fixed statutory waiting period, but signing well in advance helps demonstrate the agreement was voluntary.
Yes, but it is difficult. Under Section 4.006, a Texas prenup can be set aside only if the resisting party proves they did not sign voluntarily, or that the agreement was unconscionable when signed and they were not given fair disclosure, did not waive disclosure in writing, and could not reasonably have known the other’s finances. Because unconscionability and inadequate disclosure must both be shown, full disclosure is a strong shield.
A Texas prenup can characterize property as separate or community, define each party’s rights in property whenever acquired, address the disposition of property on divorce or death, modify or eliminate spousal support, provide for wills or trusts to carry out the agreement, and protect a business or professional practice.
A Texas prenup cannot adversely affect a child’s right to support, which the court decides based on the child’s best interests, and it cannot include terms that violate public policy or law. It also cannot be enforced if the resisting party proves involuntary signing, or unconscionability combined with inadequate disclosure.
Texas does not legally require each party to have a separate attorney. However, independent representation strengthens the conclusion that the agreement was signed voluntarily and with full understanding, which is directly relevant to enforceability. At a minimum, the party without counsel should have a clear, documented opportunity to obtain one.
Yes, and it is especially important in Texas. Because Texas is a community property state, a business and its growth during the marriage can become community property without a prenup. A well-drafted agreement can characterize a business as separate property, address future appreciation, and prevent a spouse from acquiring a community interest in the company. This matters most for founders, partners, and professional practice owners.
Yes. In Texas, postnuptial agreements take the form of partition and exchange agreements or agreements to convert separate property to community property, under Chapter 4. These let married spouses reclassify property within the community property system. They must be in writing, signed voluntarily, and supported by fair disclosure. At Prenups.com, a Texas postnuptial agreement is a flat fee of $4,500.
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