What Conditions Could Nullify A Prenuptial Agreement in Texas?

Prenuptial agreements, also known as premarital agreements, are recommended in Texas as a way for couples to protect their personal and marital assets should their marriage fail.

To ensure their legality and prevent nullification, Texas prenuptial agreement attorneys do stress that they must be correctly prepared.

Understand what can lead to a prenuptial agreement being nullified and then work with an experienced prenup attorney to avoid these problems!

Can A Premarital Agreement Be Nullified In Texas?

The purpose of a premarital agreement is to legally identify personal property being brought into a marriage and that the couple has agreed to continue to acknowledge it as such, should the spouses get divorced.

Typically, these contracts are binding; however, there are a few instances where they can be nullified in court.

In most of these cases, prenup attorneys see nullification happening due to carelessness in the drafting of the contract or when they have been signed under questionable circumstances.

What Are The Conditions That Can Nullify A Texas Prenuptial Agreement?

A Texas prenuptial agreement is legally enforceable unless a court identifies one of four conditions that cause the contract to be void.

The four conditions that can cause a prenuptial agreement to be nullified include:

Not Documented In Writing - For a prenuptial agreement to be legal and enforceable, it must be documented in writing. An experienced prenuptial agreement attorney can help couples create a suitable and enforceable contract that documents all personal assets coming into the marriage and the couple's wishes for preserving the status of that property.
Not Properly Signed - An often overlooked detail that will immediately nullify any premarital agreement is missing signatures. An enforceable prenuptial agreement must contain the signatures of both soon-to-be spouses and it must be signed before their marriage is made legal. Missing signatures or signatures made after the finalization of the marriage are not valid. To avoid this problem, couples should plan in advance to meet with a prenup attorney about creating their agreement and then sign it in advance of their wedding day. There is no risk to either partner, as even when the document is signed in advance, it cannot be enforced unless the marriage is made legal.
Signed Under Questionable Circumstances - A prenuptial agreement must be signed willingly by both spouses. If it can be proven that a spouse was forced to sign it unwillingly, under duress, or through coercion, the contract can be rendered invalid. Emotional, physical, financial, and other threats or any other means to convince a partner to sign against their will are illegal and will nullify the contract.
Lacks Full Disclosure - If it is discovered after the signing of a prenuptial agreement that a spouse did not fully disclose their property or that the contract is unconscionable or unreasonable, a court may find it to be invalid. To nullify the agreement, a spouse and their prenuptial agreement attorney must somehow prove that a) the other spouse did not fully disclose their property, assets, or financial obligations; b) the discovering spouse did not disclose their right to disclosure in writing; and c) the discovering spouse did not or could not have known of the other spouse’s obligations before signing the agreement.

Hire An Experienced Prenuptial Agreement Attorney To Avoid Problems

Premarital agreements are highly recommended for those marrying in Texas.

Yet unless they are expertly drafted with the assistance of an experienced prenup attorney, spouses can run the risk of finding their contract null and void according to the courts.

Avoid this and prepare a fair, valid, and legal prenuptial agreement by meeting with a prenuptial agreement attorney who is knowledgeable about the process and well-informed on what every agreement must include.

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