Prenuptial Agreement in
Texas

Texas law requires prenuptial agreements to be in writing and signed by both parties, but does not require notarization for validity. However, notarizing the signatures is a strongly recommended best practice that removes any future authentication dispute.

Yes. Royalties from interests you own before marriage can be designated as separate property in the prenup. You can also specify that royalties from interests acquired during the marriage remain separate, though this requires clear language and full disclosure.

Texas's constitutional homestead exemption prevents most forced sales of a primary residence, including in divorce proceedings. A prenup can address ownership and division of the homestead property but should be drafted carefully to avoid conflicting with homestead rights that cannot be waived by agreement.

"Just and right" in Texas divorce means the court has broad discretion to divide community property equitably, which often but not always means 50/50. A prenup replaces that judicial discretion with terms the couple chose together, providing much more predictability.

Yes. Under the UPMAA, Texas couples can modify or waive spousal maintenance in a prenup. However, courts may decline to enforce the waiver if doing so would leave one spouse without minimum reasonable support or eligible for public assistance.

No. Texas law does not require notarization for a prenuptial agreement to be valid — Tex. Fam. Code § 4.002 requires only that the agreement be in writing and signed by both parties. That said, signing before a notary is inexpensive and widely recommended: it creates dated, third-party proof of who signed and when, which makes it harder for anyone to later claim a signature was forged or the agreement was signed under different circumstances.

Only two paths invalidate a Texas prenup under Tex. Fam. Code § 4.006: the challenging spouse proves they did not sign voluntarily, or proves the agreement was unconscionable when signed and they received no fair disclosure of the other's property and debts, never signed a written waiver of disclosure, and had no reasonable way to know those finances. Unsigned or purely oral agreements also fail, and child support cannot be adversely affected. Voluntary signing plus honest disclosure closes off every ground.

Texas attorneys typically charge $1,500 to $3,500 to draft a prenup, and rates in Dallas, Houston, and Austin often reach $3,000 to $8,000 when both partners retain separate counsel to negotiate community property carve-outs. Creating the same agreement online with prenups.ai is a flat $349, with Texas community property provisions and disclosure schedules built in — plus the option of an independent attorney review afterward if you'd like added assurance.

With prenups.ai, you can have a draft prenuptial agreement in under 20 minutes. Traditional attorney routes in Texas typically take 2–6 weeks due to scheduling, drafting, negotiation, and review. No specific statutory timing requirement. Signing well before the wedding helps demonstrate voluntariness. We recommend starting the process at least 2–3 months before your wedding to allow time for review and any revisions.

Yes. Texas does not require you to have an attorney to create a valid prenuptial agreement. However, having each party consult with independent legal counsel significantly strengthens enforceability. Many couples use prenups.ai to create the initial draft and then have it reviewed by attorneys, which is much more affordable than starting from scratch.

Without a prenup, Texas's default community property rules apply. Texas is a community property state. Property acquired during the marriage is generally owned equally by both spouses. Texas has strong community property protections. A prenup lets you define your own terms instead of leaving these decisions to state law or a judge's discretion.