Like any contract, prenuptial agreements (prenups) can be challenged, modified, and even overturned by Texas courts under certain circumstances. This often occurs if the contract is declared invalid due to specific procedural flaws or appears extremely unfair, indicating potential duress. It is challenging to overturn a prenuptial agreement in Texas, but you can challenge its terms with the help of a dedicated divorce lawyer at Cook Law Firm in San Antonio, TX.
Understanding Texas Prenup Laws
In Texas, prenups are legally referred to as ‘premarital agreements,’ defined as contractual agreements between prospective spouses made in anticipation of marriage. These agreements can override specific default marital property and spousal maintenance laws if properly executed; however, precise legal requirements must be met.
Texas has adopted the Uniform Premarital Agreement Act (Tex. Fam. Code §§ 4.001, et seq.), which governs the execution and enforcement requirements for prenuptial agreements in San Antonio. The Act requires certain formalities, such as a written document signed by both prospective spouses, but waives other contractual formalities, including the exchange of consideration (money or goods). Failure to follow these formalities or to proceed with the marriage will render the prenuptial agreement invalid.
Grounds for Challenging Premarital Agreements
In certain circumstances, the law may automatically invalidate a prenuptial agreement. An experienced premarital contract attorney can help you challenge a premarital agreement’s enforceability during dissolution proceedings in the following cases:
- Failure to execute formalities
- Not signed voluntarily
- Lack of full financial disclosure, knowledge, and waiver
- Void marriage
- Unlawful content
- Unconscionability
The affected party’s lawyer can argue that he or she was forced to sign the agreement under extreme duress or coercion, such as threats of property loss or violence. Additionally, the court may invalidate a prenuptial agreement if one party concealed assets or liabilities from the other during the contractual process, rendering the current terms extremely unfair.
Ensuring Lawful Premarital Agreement Terms
One party can also challenge the prenup if its terms fall outside the scope permitted by § 4.003 of the Act. Texas law allows the parties to contract on matters related to separate and community property, spousal support and maintenance, wills, trusts, life insurance benefits, and even the laws governing the agreement. With a prenuptial agreement attorney’s help, the parties also have discretion to address any other matter not in violation of public policy or the law.
Importantly, provisions related to child support, conservatorship, possession, and access are not legally enforceable. The court will also invalidate a premarital agreement if specific essential terms violate public morals or require unlawful action. You should always review any prenuptial agreements with dedicated legal counsel to ensure enforceability and understand your rights in Texas.
Dedicated Premarital Agreement Attorneys
It’s essential to work with a divorce attorney, not a business contract lawyer, when drafting premarital agreements in Texas. These are unique contracts subject to specific state laws that often result in one party waiving significant marital dissolution rights. Discuss drafting, reviewing, or challenging a premarital agreement in San Antonio with our dedicated domestic relations professionals today by calling (210) 740-0281 or connecting with us online.