While it may not be the most pleasant thing to think about before your marriage, premarital agreements (also known as prenuptial agreements) establish the property and financial rights of each spouse in the event of a divorce. These agreements can also be entered into after you get married, often referred to as marital property agreements.
Below you will find references to areas of the Texas law related to pre-marital and marital agreements. If you find these statutes difficult to understand, please see the Understanding the Law resources below for a "plain English" explanation of these laws.
Article from legal self-help publisher Nolo discussing why it is beneficial to create a premarital agreement and what may be at risk if you do not.
Information from legal self-help website FindLaw discussing the pros and cons of a premarital agreement.
This article from the State Bar of Texas discusses some of things to consider when deciding whether to enter into a pre-nuptial agreement.
Answers to some common questions about marital property agreements from a Dallas family law attorney.
While this article from a San Antonio law firm mostly discusses marital property, it does briefly discuss some aspects of premarital and marital property agreements.
You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online.
This multivolume set covers conservatorship, guardianship, premarital agreements, divorce, custody, spousal support, temporary orders, termination of parental rights, adoption, and more. Includes drafting guides for legal forms.
Volume 4, Objective V discusses the creation of premarital agreements.
Volume 5, Objective X discusses the planning and creation of marital property agreements.
This State Bar of Texas manual contains over 750 family law forms, and the practice notes provide a general introduction into the most common types of family law actions including divorce, custody, child support, parental rights termination and adoption.
Chapter 63 of this manual discusses property agreements.
"Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law." -publisher's description
"Marriage is one of the few personal contracts in which your state dictates the terms -- unless you create your own customized premarital agreement. Combining Nolo's legal expertise and plain-English writing, Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining how to create a valid contract. The book covers whether a prenup is right for your relationship, how to decide what a prenup should include, how to assemble a draft agreement, how to turn your draft into a contract and tips on negotiating and communicating." - Publisher's description
Newly revised after the 2015 Obergefell v. Hodges U.S. Supreme Court ruling, this book provides an overview of same-sex marriage laws, planning for marriage, prenuptial agreements, estate planning, and more.
