When spouses get a divorce and have a premarital agreement in Texas, the divorce suit must state the parties’ position regarding the enforceability of the premarital agreement. Either the party seeks to have the court uphold and enforce the agreement as it is written, or the party wants the court to find the agreement void and unenforceable. There are limited reasons why an agreement will be found unenforceable under Texas law. One is that the agreement was entered into involuntarily or that a party was under duress or coerced into signing the agreement. The threshold to set aside an agreement is extremely high and happens very rarely.

Even if the agreement is enforceable, sometimes the parties may disagree about the interpretation of a provision of the contract and how that provision applies to the property division in the divorce. In such cases, the judge will read the document and rule on the meaning of the provision. Then, the premarital agreement is applied to the property division in the divorce.

Read more on premarital agreements:

What is a Prenup?           

Does getting a prenup mean that my fiancé doesn’t trust me?

But I’m not wealthy. Do I really need one?

How much will a prenup cost?

Can I skip the lawyer fees and D.I.Y. my prenup?

How to I tell my spouse-to-be that I want a prenup?

What are the requirements of a prenup?

What are common clauses in a prenup?

Can we change the prenup later?

What is the procedure for getting a prenup?

How long before the wedding should we start the process of getting a prenup?

Can one attorney represent both of us in drafting the premarital agreement?

Hat tip: 9 Questions You Want To Know But Are Too Afraid To Ask About Prenups