In Texas, prenups and postnups are routine if done right. The law is clear; the drafting is where cases break. At The Gulley Law Firm, LLC (www.gulleylawgroup.com), we regularly review agreements for Sugar Land couples who want peace of mind before or during marriage.
What a prenup can and can’t do in Texas
Prenups—formally called premarital agreements—can decide how property is divided if a marriage ends. They can spell out how income, debts, and even future inheritances are handled. But they can’t determine child custody or child support. Those issues are always left to the court.
Formalities that make it enforceable
Texas has adopted the Uniform Premarital Agreement Act. For a prenup to be valid, it must be in writing and signed by both parties. Oral promises don’t count, no matter how sincere they seemed. Judges also look for signs that both parties had time to read, review, and understand what they signed.
We often recommend each spouse have separate attorneys review the draft. That avoids later claims of pressure or misunderstanding.
Postnups: when they solve problems a prenup missed
A postnuptial agreement is signed after the marriage has already started. Couples in Fort Bend often use them when they buy a home together but want to clarify whether it’s community or separate property. Others use postnups when one spouse launches a business and wants clear boundaries around ownership.
At The Gulley Law Firm, LLC (www.gulleylawgroup.com), we’ve seen postnups smooth out financial stress before it escalates into marital conflict.
Community vs separate property: avoiding “commingling” landmines
Texas is a community-property state, which means anything earned during marriage usually belongs to both spouses. But separate property—what you owned before the marriage, inheritances, or gifts—remains yours.
The problem is commingling. If separate property gets mixed with community property—like depositing inheritance money into a joint account—it can lose its separate character. Prenups and postnups help avoid this problem by keeping clear records.
Common attack points and how to avoid them
Challenges usually focus on claims of coercion, lack of disclosure, or unfairness. A judge might throw out a prenup if one spouse hid assets or if the terms are grossly one-sided. That’s why good drafting and transparency up front are critical.
Local angle: Sugar Land couples and businesses
In Sugar Land, many prenups and postnups center on real estate—homesteads in communities like Riverstone or Telfair—or on small businesses in Fort Bend County. Couples want to clarify whether those assets stay separate or fall into the marital pot. Taking the time to document that clearly can prevent expensive disputes later.
Taking the next step
The law on prenups and postnups is straightforward, but the paperwork isn’t. At The Gulley Law Firm, LLC (www.gulleylawgroup.com), we offer flat-fee reviews or fresh drafts with a signing checklist. The right agreement won’t just hold up in court—it will give you peace of mind now.