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Understanding Prenuptial Agreements in Texas

  • timothyagriswold
  • Jul 25
  • 3 min read

Updated: Aug 6

Planning a wedding involves more than flowers, venues, and guest lists. For many couples, it’s also a time to have honest conversations about the future—including how to protect individual interests in case life takes an unexpected turn. That’s where a prenuptial agreement (or “prenup”) comes in.


At Griswold Law Firm, I help individuals in Texas draft and finalize clear, enforceable prenuptial agreements that reflect their values and protect their property. Here’s what you should know:


✅ What Is a Prenuptial Agreement?


A prenuptial agreement is a written contract signed by two people before they marry. It outlines how assets, debts, income, and property will be treated during the marriage and in the event of divorce or death.


Texas follows a community property system, which means that most property acquired during marriage is jointly owned unless otherwise specified. A prenuptial agreement allows couples to opt out of those default rules and define their own terms.


💡 Why Consider a Prenup?


Prenups aren’t just for the wealthy—they’re a smart legal tool for many couples. Here are a few reasons to consider one:


  • Protect separate property (home, inheritance, business)

  • Clarify financial responsibilities during marriage

  • Avoid liability from the other party’s debts

  • Reduce legal uncertainty and expense in case of divorce

  • Set expectations about spousal support or waivers

  • Promote open communication about finances


📜 Are Prenups Enforceable in Texas?


Yes—as long as these conditions are met:


  • It must be in writing and signed by both parties

  • Each party enters voluntarily

  • There is fair disclosure of finances (or a valid written waiver)

  • The agreement is not unconscionable


While notarization is not required by Texas law, I recommend it to strengthen enforceability.


🧾 What Can Be Included?


A Texas prenup can address:


  • Classification of property as separate or community

  • Income from separate property

  • Spousal support (including waivers)

  • Debt responsibility and allocation

  • Waivers of homestead rights

  • Tax filing preferences (joint or separate)

  • Trusts, business interests, retirement plans

  • Dispute resolution clauses (e.g., mediation or arbitration)

Child custody and child support cannot be predetermined by prenup.


💼 Flat-Fee Legal Services for Prenups that we Draft


We offer tiered flat-fee options depending on the level of service you want:

Service Level

Description

Flat Fee

Draft Only

Initial agreement based on your disclosures and goals

$1,000

Draft + 1 Revision

Includes one round of edits or negotiation

$1,500

Draft + 2 Revisions + Execution Coordination

Includes negotiation, revisions, and support through signing

$1,800

📄 Review of Premarital Agreements Drafted by Another Attorney

Service Level

Description

Flat Fee

Review Only

Review of a well-drafted agreement with minimal or no revisions. Includes consultation and minor correspondence with opposing counsel.

$500

Review + Moderate Revisions

Includes explanation of key provisions, preparation of a redline version with moderate changes, and direct coordination with the other party’s attorney.

$750

Review + Extensive Revisions

For complex or one-sided agreements requiring substantial redrafting, multiple rounds of communication, and negotiation with opposing counsel.

$1,000


🕵️ Consultation Before Committing?


If you want to discuss your situation before deciding, I offer legal consultations at $350/hour (1-hour minimum).


If you decide to hire me afterward, that amount will be credited toward your flat fee.


🌐 Bilingual Legal Services


I am fluent in both English and Mandarin Chinese, and you’re welcome to communicate with me in either language.


📥 Ready to Begin?


To get started:


  1. [Download and complete my Prenuptial Agreement Intake Form]

  1. If Griswold Law Firm is Drafting the Initial Premarital Agreement [Review and sign the Retainer Agreement]


Or


  1. If Griswold Law Firm is Reviewing a Previously Drafted Premarital Agreement [Review and sign the Retainer Agreement]


  1. Email both back to my office at tim@griswoldlawfirm.com


If you have questions or would like to schedule a consultation, please reach out. I look forward to helping you build a solid foundation for your marriage.


 
 
 

Comments


Griswold Law Firm offers services in family law and selective civil litigation cases in and around Austin, Bee Cave, Round Rock, Cedar Park, Plugerville, Cedar Park, etc. as well as the general areas of Travis County and Williamson County. 

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Contact Griswold Law Today: Phone (512) 575-5816| Fax (512) 233-2750 |Email tim@griswoldlawfirm.com 

4413 Spicewood Springs Road, Austin, Texas, 78759

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