Prenuptial agreements often come with stigma or confusion, but at their core, they’re simply legal contracts that define how property, debts, and financial issues will be handled in the event of divorce. Much like marriage itself is a legal union, a premarital agreement helps clarify expectations and reduce conflict should the relationship end.
Whether you’re considering creating a prenup or your partner has presented you with one, an experienced Fort Worth prenuptial agreement lawyer can help ensure your rights are protected and the agreement is legally sound.
A prenuptial agreement—also known as a prenup—is a written contract signed before marriage that takes effect once the couple is legally married. It outlines how specific matters such as community property, spousal support, or inheritance will be handled if the marriage ends in divorce.
If the couple does not marry, the agreement is void. A similar document, called a postnuptial agreement, can be signed after marriage and covers the same types of concerns.
Texas law outlines specific requirements for a prenuptial agreement to be considered valid and enforceable:
Courts in Tarrant County and across Texas are more likely to enforce a prenup when both spouses had their own attorneys during the drafting process. That’s why working with qualified prenuptial agreement lawyers is critical.
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There are many reasons couples—especially those entering into a marriage with significant assets or children from prior relationships—choose to sign a premarital agreement. Benefits include:
A thoughtfully drafted prenup promotes transparency, minimizes risk, and can even strengthen your relationship by encouraging open conversations about finances and expectations.
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
Although prenuptial agreements offer flexibility, they cannot override certain family law issues under Texas law:
Child support is determined by Texas guidelines at the time of divorce, not by the terms of a prenup. A prenup may only include support terms if they exceed the legal minimum.
Like support, child custody decisions must reflect the child’s best interests at the time of the divorce. As such, future parenting plans cannot be predetermined in a legally binding way through a prenup.
A prenuptial agreement isn’t just for the wealthy—it’s for anyone who wants clarity, fairness, and peace of mind. If you own property, have children from a prior relationship, or are entering a second marriage, a prenup may be a smart way to protect yourself and your loved ones.
At MBH, our team of seasoned prenup lawyers in Fort Worth takes the time to understand your specific goals and tailors your agreement to fit your situation. We focus exclusively on family law and have deep experience navigating community property issues and complex asset protection.
Whether you’re exploring the benefits of a prenup or reviewing one presented to you, having legal guidance is key. The experienced prenuptial agreement attorneys at Mims Ballew Hollingsworth are here to help you safeguard your future with a legally strong, clearly written agreement.
Contact us today to schedule a consultation and learn how we can assist you in preparing a prenuptial agreement that gives you peace of mind.
Content reviewed by a Board Certified family law attorney Constance Mims.
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As Ft. Worth prenuptial agreement lawyers, these are the most common questions people ask us about these contracts:
A prenuptial agreement in Texas should include a comprehensive outline of each party’s assets, debts, and other financial details. It can also establish guidelines for how property will be divided in the event of a divorce or separation. Additionally, a prenuptial agreement can address other important issues such as spousal support and the rights and responsibilities of each party during the course of the marriage.
While it is not required by law for both parties to have separate attorneys, this is generally recommended for obvious reasons. Each party needs their own attorney to ensure that their individual interests are protected and that the agreement is not one-sided or overlooking things each person is legally entitled to. Additionally, having separate Ft. Worth prenuptial agreement attorneys can help to avoid conflicts of interest and provide independent legal advice to each party.
Prenuptial agreements are definitely enforceable in Fort Worth courts, as long as they meet all of the necessary legal requirements. To be enforceable, a prenuptial agreement must be in writing, signed by both parties, and entered into voluntarily. It should also be fair and reasonable at the time it is executed as well as at the time of enforcement. For example, one party can not sign away rights to child support. However, it is important to consult with a reputable Ft. Worth prenup attorney to ensure that your marital contract is legally valid and enforceable.
Yes, a Fort Worth prenuptial agreement can include provisions for future assets and debts. This means that you can outline how property acquired during the marriage will be treated in the event of a divorce or separation. By including these provisions in your marital contract, you can provide clarity and certainty regarding the division of assets and debts, even ones that have not yet been acquired.
An attorney in Ft. Worth with experience in drafting prenuptial agreements can provide valuable guidance and support throughout the process. At Mims Ballew Hollingsworth, we can help you understand the legal requirements and implications of a prenuptial agreement, ensuring that it is equitable for both parties. We can also help you identify potential issues and negotiate terms that protect your interests. Having an attorney by your side can give you confidence that your prenuptial agreement is legally sound and tailored to your specific needs.
Again, it is advisable for both parties to have separate attorneys to ensure their individual interests are protected. If you have any questions or concerns, Mims Ballew Hollingsworth has the experience, skill, and resources to get you through this hurdle on the way to the altar.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
