A prenuptial agreement can be a helpful tool for couples preparing for marriage, but there are clear legal lines it cannot cross. Some topics are completely off-limits, even if both people agree to them.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC explains what a prenuptial agreement cannot include. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
What Can’t Be Included?
When preparing a prenuptial agreement, there are some things that cannot be included, no matter what the couple wants.
Children-Related Issues Are Off-Limits
One of the main things that cannot be covered in a prenup is anything related to children. This includes child support, custody arrangements, or decisions about how to raise a child. These matters are handled by the courts and must follow Texas family law. You cannot make decisions ahead of time in a prenup that take away a court’s ability to decide what is in the best interest of a child.
Illegal Agreements Are Not Allowed
You also cannot use a prenup to agree to do anything illegal. Even if both parties agree to it, the court will not honor an agreement that breaks the law.
Public Policy Matters
A prenuptial agreement must follow the rules set out in the Texas Family Code. If it goes against public policy or includes anything that is considered unacceptable or harmful, it will not be valid. This means the agreement must be fair and reasonable and cannot be used to take advantage of someone or create an unfair outcome.
At Turner Monahan, we help our clients understand exactly what can and cannot be included in a prenuptial agreement. The goal is to create a valid, strong agreement that follows the law and respects both parties.
Can You Add Personal Rules or Lifestyle Clauses?
Some couples try to include personal promises in their prenups, like who does certain chores, rules about social media, or agreements about appearance or weight. While these may seem harmless, Texas courts generally do not enforce these types of lifestyle clauses. Judges are focused on legal matters, not personal behavior, and such terms often get thrown out if the agreement is challenged.
What Happens if You Include a Non-Enforceable Clause?
Including a clause that is not allowed doesn’t always void the entire agreement, but it can raise questions about fairness. If one part of the prenup is found to be invalid, the court may still enforce the rest, as long as the remaining terms stand on solid legal ground. However, if the invalid clause was a key part of the agreement, it could put the whole document at risk.
Does Signing Under Pressure Make It Invalid?
A prenup must be signed willingly by both parties. If one person was pressured, tricked, or didn’t have time to properly review it, the court may not enforce it. This is especially true if the agreement was presented right before the wedding, giving the other person little choice or time to get legal advice. Full disclosure and fair conditions are key.
What Does the Texas Family Code Say?
The Texas Family Code outlines several important rules when it comes to premarital agreements:
- Section 4.003 – A prenup can only include terms that are lawful and relate to property or financial matters. It cannot affect the right to child support.
- Section 4.006(a)(2) – The agreement is not enforceable if it was signed under duress or without fair and reasonable disclosure of financial obligations.
- Section 4.006(b) – The court can refuse to enforce a prenup if it finds that the agreement is “unconscionable” or clearly unfair at the time it was signed.
- Section 154.124(c) – Even if parents agree on child support in a prenup, the court will only approve it if it meets the best interest of the child standard.
These sections make it clear that the court will always step in when the agreement touches areas the law protects, especially when it involves children or fairness.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
While prenups can be a useful way to prepare for marriage, they come with limits that must be respected. Including the wrong terms can lead to parts of the agreement being rejected or the whole thing being challenged.
To protect your rights and make sure everything is done correctly, consult with a family law attorney before signing. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Do I Prepare for Court?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
