Experience You
Can Rely On

What is the legal definition of a premarital agreement?

On Behalf of | Jul 21, 2023 | Prenuptial and Postnuptial Agreements |

Texas law allows for agreements between partners prior to marriage. But these documents have to follow a certain standard to become valid.

The main rule is that a couple must enter into the agreement prior to their legal marriage to make it meet the definition of a premarital agreement. There are a couple of other points to note as well.

Contents of the agreement

A premarital agreement can alter the marital contract. When two people marry, they make certain legal agreements with each other. It is the job of the premarital agreement to change or solidify them.

An agreement can modify or waive the standard rights or obligations a person has when they marry. For example, many agreements will waive the right to seek spousal support should the marriage end. Modifications of obligations in the event of a divorce are also common. For example, the couple may agree certain assets are solely the property of one spouse and not subject to division in a divorce.

Importance of the law

But these agreements are not always about monetary issues. They may also address other aspects of the marriage, such as behavior or commitments to do certain things. The only rule is that anything in the agreement must be allowable under the law.

A premarital agreement distinguishes itself from a postmarital agreement because it occurs prior to the marriage. Any agreement made after a couple is legally wed is not a premarital agreement, although the law does allow for those types of contracts as well.

FindLaw Network