The benefits of prenuptial agreements in Texas are topics that have been widely discussed on the Web. In fact, the Law Office of Zoe Meigs went into a good amount of detail on the subject in a blog post earlier this year. Many other discussions focus on what can be included in a prenuptial agreement but few discussions talk about what cannot be included.
While Texas offers its residents a high level of flexibility when it comes to allowable prenuptial agreement terms, there are a few things that cannot be included. The Texas Family Code statutes currently list three terms that are prohibited in a prenuptial agreement.
The first and arguably the most important regards future child support. A prenuptial agreement may not include terms that would result in a child support obligation being lower than that which the state of Texas may mandate. In other words, you cannot use a prenuptial agreement to make decisions about any future child support one spouse may pay.
The second term prohibited by state law has to do with illegal activity. This simply means that neither party may use a prenuptial agreement to negotiate any activity that would violate the state’s criminal laws.
Finally, the third restriction involves terms that may violate public policy. While this term is somewhat vague, an attorney knowledgeable with Texas law can advise you and your future spouse if you have included any terms that could violate this prohibition.
As you can see, Texas law gives both parties a lot of flexibility in what they may include in a prenuptial agreement. However, it is still a good idea to consult with an attorney before attempting to finalize your agreement.
Source: Texas Constitution and Statutes, “Family Code, Chapter 4,” accessed Sep. 01, 2015