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Prenuptial Agreements in Texas
Protecting Your Assets & Future with a Legally Sound Agreement
Marriage is both a personal and financial partnership, and while no one enters a marriage expecting it to end, having a prenuptial agreement in place can provide clarity, security, and protection for both spouses. At The Castro Law Office, we help individuals and couples in San Antonio draft strong, enforceable prenuptial agreements that safeguard their assets, rights, and financial future.
If you are considering a prenup, contact us today for a confidential consultation to discuss your options.
What is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a legal contract between two individuals who are planning to marry. It establishes how assets, debts, income, and property will be handled during the marriage and in the event of a divorce or death.
A well-drafted prenup can:
✔ Protect separate property acquired before marriage
✔ Define financial responsibilities during the marriage
✔ Clarify debt liability to avoid being responsible for your spouse’s debts
✔ Outline asset division in case of divorce
✔ Prevent lengthy court battles over property and finances
✔ Protect family businesses, inheritances, and investments
In Texas, a valid and enforceable prenuptial agreement must meet specific legal requirements, so it is crucial to work with an experienced attorney when drafting one.
What Can a Prenup Cover?
Prenuptial agreements can address a variety of financial matters, including:
✔ Property Rights & Division – Specifies which assets remain separate and how marital property will be divided.
✔ Debt Protection – Shields one spouse from the other’s pre-marriage or future debts.
✔ Business Interests – Ensures a family business or professional practice remains protected.
✔ Inheritance & Estate Planning – Protects assets intended for children from a previous marriage.
✔ Spousal Support (Alimony) – Determines if one spouse will receive alimony or waives the right to support.
✔ Retirement & Investments – Defines how 401(k)s, pensions, and stocks will be treated in case of divorce.
However, a prenup cannot dictate child custody or child support, as these matters are determined by the court based on the child’s best interests.
Who Should Consider a Prenup?
While any couple can benefit from a prenuptial agreement, it is especially important if:
✔ One or both spouses own significant assets
✔ There is a family business or professional practice involved
✔ One spouse has significant debt
✔ This is a second marriage or children from a prior relationship
✔ There is a large income disparity between spouses
✔ One spouse plans to leave the workforce to raise children
Even if you don’t anticipate divorce, a prenup provides financial transparency and helps set clear expectations in a marriage.
Ensuring a Valid & Enforceable Prenup in Texas
For a prenuptial agreement to be legally binding, Texas law requires that:
✔ It is in writing – Verbal agreements are not enforceable.
✔ Both parties sign voluntarily – There must be no coercion or pressure.
✔ There is full financial disclosure – Each party must disclose their assets and debts.
✔ It is fair and does not violate public policy – Unreasonable terms (such as waiving all rights to marital property) may not hold up in court.
A poorly drafted or unfair prenup may be challenged or invalidated in court, which is why working with an experienced attorney is essential.
Considering a Prenup? Let Us Help.
If you are engaged and want to protect your financial future, The Castro Law Office can help you draft a comprehensive, legally sound prenuptial agreement tailored to your unique situation.
📞 Call us today for a confidential consultation and ensure you enter marriage with confidence and security.