Will the Court Deny an Unfair Prenup in Texas?

 Posted on May 21, 2025 in Prenuptial / Postnuptial Agreements

When drafted carefully and lawfully, a prenuptial agreement plays a vital role in the Texas divorce process. However, even in writing and with both signatures, it is not always enforceable. Texas law outlines the requirements for a prenup, and failing to uphold those rules can result in the court nullifying the contract. If you are concerned about the validity of your prenup, consider some issues that may make it unenforceable and speak to an experienced Fort Worth, TX prenup attorney about the specifics of your contract.

What Does It Mean for a Prenup To Be Unconscionable?

Under Texas law, a prenuptial agreement has to be reasonable and fair. It is not enforceable if the court determines that it was unconscionable when you signed it, meaning the contract terms are so one-sided that it is extremely unfair to one party. For example, if your spouse receives nearly everything, leaving you with very little in the event of a divorce, the court will likely determine that the agreement is unfair and invalidate it.

Does a Prenuptial Agreement Require Consent in Texas?

In Texas, both parties must sign a prenup voluntarily for it to be valid. If any coercion, undue influence, or threat was used to get either party to sign, the court will likely nullify the agreement. The pressure to sign can be financial, physical, emotional, or any other form that impacts your ability to consent of your own free will. For example, if your spouse or future in-laws threatened to put a stop to the wedding unless you signed, that would likely be considered pressure.

Is a Texas Prenuptial Agreement Still Valid if Someone Did Not Disclose All Assets?

Drafting a fair prenup necessitates the full disclosure of income, assets, and debts from both parties. If one party fails to be transparent about any assets, the prenup would likely be nullified. Specific disclosure issues include concealing significant assets, such as major investments and bank accounts, and misrepresenting debts or income. A common issue is failing to disclose financial obligations, such as alimony or child support orders. 

What Are Some Lesser-Known Reasons the Court May Nullify a Prenup in Texas?

The Texas Uniform Premarital Agreement Act outlines all the rules for enforcement and factors that could nullify the agreement, including consent and disclosure issues. Other reasons the court may not enforce a prenup include:

• One party did not have a chance to speak with a legal representative before signing.

• The prenup violates public policy, like including directives for child custody.

• The prenup was not in writing and was not signed by both parties.

• A significant change in circumstances occurred since the prenup was signed. 

If you think your prenuptial agreement may not be valid, speak to an experienced attorney immediately.

Contact a Fort Worth, TX Prenuptial Agreement Attorney Today

Prenuptial agreements are meant to protect both parties in the event of a divorce. Therefore, when a prenup clearly favors one party over the other, the court will likely question its validity. If you have concerns about a prenup you just signed or are worried about whether the court will uphold the contract in an upcoming divorce, our experienced Fort Worth, TX prenuptial agreement lawyers can help. At The Law Office of J. Kevin Clark P.C., we understand the sensitivity of prenups and the importance of ensuring that they are fair and enforceable, and we will help you navigate the laws that protect your rights during the divorce process. Call 817-348-6723 today to schedule your free consultation.