Can You Challenge a Prenup During Divorce in Texas?

 Posted on July 31, 2025 in Prenuptial Agreements

Prenuptial agreements can offer couples financial clarity before marriage, but that does not always mean they will be enforced. In Texas, you can challenge a prenup during a divorce. Courts often uphold these agreements. However, they will strike down a prenup if it violates the law or public policy. If you are dealing with questions about your prenuptial agreement while facing divorce, an experienced Austin, TX prenuptial agreement attorney can help you understand your rights.

What Makes a Prenuptial Agreement Enforceable in Texas?

Under Texas Family Code § 4.002, a premarital agreement can address a wide range of financial matters, including the division of property, rights to income or future earnings, and responsibility for debts. However, these agreements must still follow Texas law.

To be legally enforceable, a prenuptial agreement in Texas must follow certain rules:

• Written documentation: It must be in writing and signed by both parties before marriage. Verbal agreements will not hold up in court.

• Voluntary entrance: The agreement must also be entered into voluntarily, without threats or coercion. If one person was pressured into signing the document, the court may not enforce it.

• Full disclosure: The agreement must also involve fair and reasonable financial disclosure. Before signing, each party should know the other’s assets, debts, and income. If one person failed to provide this information and the other did not waive their right to disclosure in writing, the agreement may not be valid.

Common Reasons for Invalidating a Prenuptial Agreement in Texas

One of the most common reasons a Texas court might cite for deciding not to enforce a prenup is involuntary execution. If a party signed the agreement under pressure or without the opportunity to consult an attorney, a judge might find that it was not signed freely.

Another key reason is that the agreement was "unconscionable" when it was signed. Under Texas Family Code § 4.105, a court may find an agreement unenforceable if it is extremely one-sided, and the disadvantaged spouse was not given fair financial disclosure.

In addition, a prenuptial agreement cannot waive child support or include terms that violate public policy. Under Texas Family Code § 4.003, any provision that adversely affects a child’s right to support is not enforceable, even if both parties agree to it.

If one party hid assets or lied about their financial situation, or if the agreement was signed shortly before the wedding without time to review, these may also serve as valid grounds for challenging the prenup. Judges evaluate the fairness of the process and the contents of the agreement to decide whether to uphold or reject it.

What Happens if a Prenup Is Invalidated in Texas Court?

An invalidated prenup can significantly change the outcome of a divorce case. When a court finds a prenuptial agreement invalid, it is treated as though the agreement never existed. The court will then divide the couple’s assets and debts based on Texas community property laws, which generally assume that both spouses equally own anything they obtained during the marriage.

The court may also revisit issues like spousal maintenance and debt responsibility without being limited by the terms of the prenup. Instead of following the couple’s original agreement, the court will apply default legal rules to determine a fair resolution.

Contact an Experienced Travis County, TX Divorce Attorney Today

If you believe your prenup is invalid or unfair, the Austin, TX divorce lawyers at Powers Kerr & Rashidi, PLLC can help. Our Board Certified Family Law team brings deep knowledge and compassion to every case. Call us today at 512-610-6199 to schedule an initial consultation so we can get started.