Should I Sign a Prenup Before Marriage?

 Posted on September 15, 2025 in Property Division

Getting engaged to a longtime partner is an exciting prospect. However, some couples may agonize over the "what ifs" that come with marriage and the possibility of divorce. To address these concerns, you could consider signing a prenuptial agreement with your fiancé. These documents can be incredibly helpful, but they should be drafted and reviewed carefully to make sure that your best interests are fairly represented.

At Moore Family Law, P.C., our Collin County, TX family law attorney has well over a decade of experience assisting clients with divorce-related issues, providing strong legal advice to people in need. We can meet with you to discuss if a prenup is right for you.

Reasons to Consider a Prenup in Texas

Contrary to what some might have you think, prenuptial agreements are not just for wealthy couples. If you are concerned about any of the following issues, it may be worth entering into a binding marital agreement with your partner.

Setting Expectations in Case of a Divorce

Signing a prenup before your marriage does not automatically forecast divorce in your future. That being said, signing a prenuptial agreement can make the divorce process itself much easier. A prenuptial agreement can set the terms for many pertinent issues like property division and alimony, reducing the stress that comes with arguments over assets in a divorce. In the long run, you may find that this option will save you time and money by settling any arguments preemptively.

Prenups are versatile, but they cannot cover everything. Prenups cannot include illegal terms, nor can they specify anything about child custody or a child’s right to financial support.

Protecting High-Value Properties

As a rule, all assets acquired during your marriage are considered community property in Texas, except for property acquired through inheritance or a personal gift. Separate property can also become commingled when it is mixed together with shared assets, where it then becomes indistinguishable from community property. The growth of a business or private practice could be considered community property, even if the business itself was established before the marriage.

If you are concerned about what will become of your most valuable assets in case of a divorce, you could ease your worries by signing a prenup. Keep in mind that if the prenup is considered "unconscionable" by the court due to grossly unfair or severely lopsided terms, it could be denied by the judge (Texas Family Code Sec. 4.006).

Securing Inheritance Rights for Children

If you have children from a previous marriage, you might consider signing a prenup to safeguard their inheritance rights. In conjunction with an estate plan, a prenup can help to ensure that your child gets the resources he or she deserves in case of your death or divorce. This can provide peace of mind for spouses in a blended family, clarifying what the children will receive from each parent.

Contact a Collin County, TX Marital Agreement Lawyer

If you are considering signing a prenup, consider reaching out to Moore Family Law, P.C. for legal assistance and counsel. Our Frisco, TX family law attorney can help you draft a thorough, well-written agreement to protect your interests. We can also review an existing prenup to make sure that it is legally sound. Call us at 214-764-8033 to schedule a consultation today.