Example Prenuptial Agreement – Texas

CAUTION: This document is provided for educational purposes only.
Do not attempt to use this form as a legally binding document. Every situation is unique, and laws change frequently. Please consult with a qualified Texas attorney before using or relying on any form of prenuptial agreement.

Premarital Agreement

(Texas Family Code §4.001 et seq.)

This Premarital Agreement (“Agreement”) is made and entered into this ___ day of ______, 20, by and between:

[Name of Party A], residing at ____________________________________________ (“Party A”),
and
[Name of Party B], residing at ____________________________________________ (“Party B”).

Party A and Party B may collectively be referred to as the “Parties.”

Recitals

1. Contemplation of Marriage

The Parties contemplate legal marriage under the laws of the State of Texas and intend this Agreement to become effective upon their marriage.

2. Purpose

The Parties desire to enter into this Agreement to define their respective property rights and obligations during the marriage and upon divorce or death.

3. Full Disclosure

Each Party has made a full and fair disclosure of their assets, liabilities, and income. Exhibits A and B attached hereto list the assets and liabilities of Party A and Party B, respectively.

Agreement

1. Separate Property

Each Party’s separate property as listed in Exhibits A and B shall remain that Party’s separate property. Any income derived from separate property shall be and remain the separate property of the receiving Party, unless expressly agreed otherwise in writing.

2. Marital Property

The Parties agree that any property acquired jointly during the marriage shall be considered community property, unless designated as separate by mutual written agreement. Exceptions to the foregoing include that property acquired by gift or inheritance shall be the separate property of the receiving Party.

3. Spousal Support / Maintenance

The Parties agree that in the event of divorce or legal separation, neither Party shall be obligated to pay spousal maintenance to the other, unless otherwise agreed to in writing or as ordered by a court under exceptional circumstances.

4. Debts

Each Party shall be responsible for their own debts incurred prior to the marriage. Debts incurred jointly during the marriage shall be shared equally, unless otherwise agreed in writing.

5. Waiver of Rights Upon Death

Except as provided in a valid will, trust, or other document transferring property at death, each Party waives any right to elect against the other’s will, to claim a share of the estate as a surviving spouse, or to assert any other claim arising by reason of the marital relationship.

6. Modification

This Agreement may only be amended or revoked by a written agreement signed by both Parties.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

8. Severability

If any provision of this Agreement is held to be unenforceable, the remainder of the Agreement shall remain in full force and effect.

Execution

IN WITNESS WHEREOF, the Parties have executed this Agreement voluntarily and without duress on the date first written above.

PARTY A
Signature: ____________________________
Name (printed): _______________________

PARTY B
Signature: ____________________________
Name (printed): _______________________

Notarization

STATE OF TEXAS
COUNTY OF _______________

This instrument was acknowledged before me on the ___ day of ______, 20, by [Name of Party A].
Notary Public Signature: ____________________________
My Commission Expires: ____________________________

STATE OF TEXAS
COUNTY OF _______________

This instrument was acknowledged before me on the ___ day of ______, 20, by [Name of Party B].
Notary Public Signature: ____________________________
My Commission Expires: ____________________________

Exhibit A

Separate Property of Party A
[List assets and liabilities]

Exhibit B

Separate Property of Party B
[List assets and liabilities]