Understanding Prenuptial Agreements in Texas

timothyagriswold
Jul 25
2 min read

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

I 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

🕵️ 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:

[Download and complete my Prenuptial Agreement Intake Form]

[Review and sign the Retainer Agreement]

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.