Considering a prenuptial agreement (commonly called a “prenup”) before saying “I do” can feel awkward. But in Texas—especially for couples with assets, children from prior relationships, or business interests—a prenup is more than a backup plan. It’s a proactive legal tool designed to protect both parties and create clarity in case life doesn’t go as planned.
At Albin Oldner Law, our Frisco family lawyers have decades of experience helping couples draft fair, legally sound prenuptial agreements tailored to their unique situations. Below, we’ll walk you through when and why you might consider a prenup—and how Texas law views them.
What is a prenuptial agreement?
A prenuptial agreement is a legally binding contract signed by two people before they marry. Under the Texas Family Code § 4.001–4.010, a prenup can define how property, debts, and other financial matters will be handled during the marriage or divided in the event of divorce or death.
A valid prenup in Texas must:
- Be in writing
- Be voluntarily signed by both parties
- Include full disclosure of assets and liabilities
- Not violate public policy (e.g., cannot dictate child support or custody)
- Be fair and reasonable at the time of signing and enforcement
Should I sign a prenup?
That depends on your goals, finances, and comfort with legal planning. Here are some common reasons our clients at Albin Oldner Law choose to sign a prenup.
1. You have significant premarital assets.
If you’re entering marriage with savings, a home, retirement accounts, or other valuable assets, a prenup can help designate them as separate property. Without a prenup, Texas community property laws apply, meaning many assets acquired during marriage are split equitably (not necessarily equally) in divorce.
2. You own a business.
Whether you’re a sole proprietor or part of a family-owned or closely held company, a prenup can protect business ownership and prevent it from becoming entangled in a future divorce.
3. You have children from a previous relationship.
A prenup can help safeguard your children’s inheritance and financial interests, ensuring certain assets stay in the family.
4. You or your future spouse will pause your career.
If one partner plans to stay home to care for children or support the other’s career, a prenup can establish fair terms for spousal support or asset division later.
5. You want clarity and control.
A prenup helps eliminate ambiguity and reduces the risk of litigation during divorce. It allows both parties to enter marriage with open eyes and aligned expectations.
Common misconceptions about prenups
At Albin Oldner Law, we often hear concerns like:
- “A prenup means I don’t trust my partner.” – On the contrary, it shows mutual respect and a willingness to be transparent about finances.
- “Prenups are only for the wealthy.” – False. Even couples with modest means benefit from clarifying debt responsibility, property rights, and future financial expectations.
- “It’s unromantic.” – While it’s not a bouquet of roses, a prenup is a practical sign that you’re thinking long-term—about each other’s security and peace of mind.
How we can help at Albin Oldner Law
Our Frisco prenup attorneys provide compassionate, experienced guidance in crafting agreements that are thorough, enforceable, and aligned with Texas law. Here’s how we make the process as smooth as possible:
- Customized planning: We get to know your goals and tailor the agreement accordingly.
- Clear financial disclosures: We help you and your partner compile accurate, comprehensive disclosures to support enforceability.
- Drafting and negotiation: Whether you need a first draft or want us to review your partner’s proposed prenup, we’ll advocate for your best interests.
- Legal compliance: We ensure your agreement meets all Texas statutory requirements and stands up in court if challenged.
Thinking about a prenup? Let’s talk.
If you’re wondering whether a prenuptial agreement is right for you, schedule a confidential consultation with Albin Oldner Law. We’ll walk you through your options and create a plan that protects your future while respecting your relationship.
Call us at (214) 423-5100 or contact us online to start the conversation.
