STATE GUIDE · UPDATED 2026

Prenuptial Agreements in Texas: Requirements & How to Get One

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Is a prenup enforceable in Texas? The short answer

Yes — prenuptial agreements are legally enforceable in Texas under the Uniform Premarital Agreement Act (UPAA) (TX Family Code Ch. 4). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.

Texas at a glance

Legal framework
Uniform Premarital Agreement Act (UPAA)
Property system
Community property

Most property acquired during the marriage is owned 50/50 unless your agreement says otherwise.

Notarization
Recommended
Witnesses
Not required
Financial disclosure
Flexible — disclosure still strongly recommended
Independent lawyers
Recommended
Spousal support terms
Can be set in your agreement

Texas prenup questions, answered

Are prenuptial agreements enforceable in Texas?

Yes. Texas enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA). The governing law is TX Family Code Ch. 4. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

Does a prenup need to be notarized in Texas?

Notarization is not strictly required in Texas, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's Texas signing instructions include it.

Do you need witnesses to sign a prenup in Texas?

No — Texas does not require witnesses for a prenuptial agreement. Both partners' signatures (ideally notarized) are what matter.

Do we each need a lawyer to get a prenup in Texas?

No — Texas does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.

Is Texas a community property state?

Yes. Texas is a community property state — without an agreement, most property acquired during the marriage is owned 50/50. A prenup lets you set your own rules for what stays separate and what is shared.

Can a prenup waive or limit spousal support (alimony) in Texas?

Yes — Texas allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does Texas require for a prenup?

Texas is comparatively flexible about disclosure, but full disclosure is still the strongest protection against a later challenge. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in Texas?

Texas has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in Texas?

Attorney-drafted prenups in Texas commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Texas-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Texas signing instructions — with optional online e-sign and notarization for $50.

How to sign your prenuptial agreement in Texas

  1. 1

    Both parties review the final prenuptial agreement and all attached financial schedules.

  2. 2

    If either party declines attorney representation, execute a separate written waiver of counsel.

  3. 3

    Both parties sign the prenuptial agreement.

  4. 4

    Have the agreement notarized. While Texas does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.

  5. 5

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 1 × Notary Public (recommended)

3 people total at signing

Governing law

  • TX Family Code Ch. 4

This guide is general information about Texas law, not legal advice. For advice on your specific situation, consult a licensed attorney in Texas. See our full legal disclaimer.

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