A prenuptial agreement (prenup) is a legal contract that couples enter into before marriage to outline the division of assets, debts, and financial responsibilities in case of divorce. While Texas law recognizes prenups as legally binding, there are certain circumstances where they can be overturned.
This article explores the legal grounds for challenging a prenup in Texas, real-life scenarios where agreements were invalidated, and what you need to know to ensure your prenup is enforceable.
Legal Framework for Prenuptial Agreements in Texas
Prenuptial agreements in Texas are governed by the Texas Family Code, Section 4.001-4.010, which outlines the enforceability of such contracts. For a prenup to be valid, it must meet the following conditions:
- Be in writing and signed by both parties.
- Be entered into voluntarily without coercion or undue pressure.
- Include full and fair disclosure of assets, debts, and income.
- Not be unconscionable at the time of signing.
If a prenuptial agreement fails to meet these requirements, it may be subject to legal challenges.
Grounds for Overturning a Prenup in Texas
While courts generally uphold prenups, they can be overturned under specific legal grounds:
- Fraud or Misrepresentation
If one party deliberately conceals or misrepresents assets, income, or debts, the agreement may be deemed fraudulent and invalid.
Example:
Sarah and Mark signed a prenup before marriage. Mark intentionally hid a $500,000 offshore account from Sarah. During divorce proceedings, Sarah discovered this deception. The court ruled the prenup invalid due to fraudulent misrepresentation.
- Coercion, Duress, or Undue Influence
A prenup must be entered into voluntarily. If one party was pressured, threatened, or manipulated into signing, the agreement could be overturned.
Example:
Lisa was given a prenup by her fiancé, John, the night before their wedding. He told her that if she didn’t sign, the wedding was off. Feeling emotionally and socially pressured, she signed. Later, in court, Lisa successfully argued that she signed under duress, leading to the prenup being invalidated.
- Lack of Full Financial Disclosure
Each party must fully disclose their financial situation. If one spouse fails to provide accurate and complete financial information, the agreement can be challenged.
Example:
Mike signed a prenup with his wife, Julie, who claimed she had minimal assets. After their divorce, Mike discovered she had substantial stock holdings she never disclosed. The court ruled the prenup invalid due to lack of full financial disclosure.
- Unconscionability (Grossly Unfair Terms)
A prenup cannot be so one-sided that it becomes “unconscionable” at the time of signing. If the agreement is excessively unfair, a judge may rule it invalid.
Example:
Emily signed a prenup that left her with no assets and no spousal support, despite her husband being a millionaire. The court found the agreement unconscionable and refused to enforce it.
- Failure to Follow Legal Requirements
A prenup must be in writing, signed, and legally executed. If there were errors in how it was drafted or signed, it could be overturned.
Example:
John and Emma had a verbal agreement about their finances but never formalized it in writing. When they divorced, the court dismissed the prenup as unenforceable because it did not meet Texas legal requirements.
- Invalid Provisions (Child Support or Custody Terms)
Prenups cannot determine child custody or child support arrangements. If an agreement includes provisions about these matters, the court may strike them down.
Example:
Steve and Rachel’s prenup stated that Rachel would have no rights to custody of their children in the event of divorce. The court ruled this provision invalid because child custody must be determined based on the child’s best interests.
Should You Challenge a Prenup?
If you believe your prenup is unfair, fraudulent, or signed under pressure, you may have grounds to challenge it in court. Consulting a Texas family law attorney can help you evaluate your case and determine your legal options.
How can we assist?
While Texas law generally enforces prenuptial agreements, there are valid legal reasons why a court might overturn one. If you are considering a prenup, it’s essential to draft it correctly and ensure it is fair to both parties. If you are looking to challenge an existing prenup, consulting with an experienced family law attorney is the best step forward.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.