In Texas, we like our boots broken in, our barbecue slowly smoked, and our relationships built to last. But just like you shouldn’t jump into the Comal River without a fully-inflated innertube, snacks, and a strategy of how to handle sudden lightning storms, you shouldn’t jump into a marriage without a plan of how to navigate the journey and potentially stormy terrain. Lack of intentional planning can leave you vulnerable and full of regret. This is where a prenuptial agreement comes in! Prenups are a practical, respectful agreement between two people who want transparency and protection of what they’ve worked hard for. But, how much does a prenup actually cost? And, do I even need a prenup? Saddle up, because we’re about to answer all of your questions about prenups in the Lone Star State.
What is a Texas prenup?
In Texas, a prenuptial agreement (also called a “premarital agreement”) is a contract couples sign before marriage that outlines how property, assets, and debts will be handled during the marriage or in case of divorce or death. Texas follows the Uniform Premarital Agreement Act (UPAA), which means prenups are valid so long as they are in writing, signed voluntarily, with full disclosure of assets and liabilities, and do not violate public policy (Baker v. Baker 1986)). For example, a prenup can’t override the court’s responsibility to determine child support or custody. Those decisions are always based on what’s in the child’s best interest and should not be included in a prenup.
What a prenup can do, however, is spell out who keeps what, how premarital assets will be treated, how future income will be divided, and whether alimony (also called “spousal maintenance” in Texas) will be limited or waived. In other words, you’re writing the script for how financial matters should be handled in your relationship rather than letting the state write it for you.
How much do Texas prenups cost?
When it comes to cost, Texas couples should be prepared for a wide range, depending on their needs. For straightforward agreements where the couple has simple finances and no major disagreements between them regarding the terms of the agreement, flat-fee services generally range from $870 to $1,500. Some firms even offer packages starting closer to $500, though those are typically best suited for couples with very uncomplicated financial lives and little need for negotiation or legal guidance.
More customized agreements, especially those that involve multiple assets, family-owned businesses, trusts, or future inheritance planning, can cost between $3,000 and $10,000 or more. In these cases, attorneys may charge hourly rates that range from $200 to $350 per hour. In these situations, the total bill will depend on how much time is required for consultation, drafting, redlining, negotiation, and finalization of the agreement. For example, a couple in Dallas with a business to protect and real estate in both names could easily spend upwards of $5,000 on a thorough prenup.
One way to reduce cost and keep things efficient is to agree on key terms with your partner before lawyers even get involved. The more decisions you’ve already made together, the less time your attorneys need to spend navigating conflict or reworking language. Still, even with the most amicable of couples, it’s wise to plan for a few rounds of revisions and at least two separate lawyers, one for each party. This last point is especially important if your prenup includes a modification or waiver of spousal support.
Are there budget-friendly options?
Yes, there are more affordable alternatives available online nowadays. But do your research before drafting your prenup through an online service. Well-respected platforms such as HelloPrenup offer Texas-compliant prenups starting at $599, with the option to add on attorney services for $699 per person. These packages are popular with couples who want a cost-effective, expertly drafted agreement that abides by state laws. The attorneys in HelloPrenup’s network are licensed in Texas and experienced in drafting prenups.
What are the requirements for a valid and enforceable prenup in Texas?
Under the Texas version of the Uniform Premarital Agreement Act, prenups must meet a few basic legal standards to be considered valid. The Texas version of the UPAA is found in Chapter 4 of the Texas Family Code.
- They must be in writing.
- They must be voluntarily signed by both parties. This means there was no coercion or duress.
- Each party must provide a fair and reasonable disclosure of their property and financial obligations.
- And finally, the agreement cannot be so one-sided that it shocks the conscience of the court (i.e. unconscionable) (Texas Family Code § 4.003(b)).
While Texas doesn’t legally require each party to have their own attorney, having separate counsel is one of the best ways to ensure enforceability. It shows the court that each person had a fair opportunity to understand and negotiate the terms. With two separate attorneys, a court will likely find that both parties had a clear understanding of the consequences of signing the prenup. This affirms the above requirement that the prenup be signed voluntarily. Keep in mind that courts might take a close look at prenups that include spousal support waivers or were signed too close to the wedding day. These factors raise red flags to a court, and when deciding whether the signatures were voluntary, a judge will consider the circumstances surrounding the signing to make sure the statutory requirements were met.
What could make a prenup fail?
In general, Texas courts uphold prenups. If a judge sees that two consenting adults came to an agreement on the terms and signed the contract voluntarily, they are usually going to uphold the prenup. But drafting an agreement that suits your needs is one thing; drafting an agreement that is upheld in court during a divorce is another. If your agreement lacks full financial disclosure, the terms are overly one-sided, or one party can prove that they signed under duress or coercion, a Texas judge could decide that parts of the contract, or the entire agreement, aren’t enforceable.
It’s important that your agreement meets the standards listed above. If a party contests the agreement, a judge could decide to look further into the circumstances surrounding the marriage and the signing of the agreement. Consider hiring a lawyer for each of you to ensure that both you and your fiancé fully understand the terms you’re agreeing to. And avoid trying to save money by drafting the agreement all by yourself. The mistakes commonly made in DIY’ing a prenup could make your agreement unenforceable in the future. Whether you’re using a respected online platform or working with an independent attorney, make sure that your prenup is drafted with enforceability in mind. A contract that doesn’t hold up under scrutiny won’t be able to protect you or your assets during a divorce.
Why the investment is worth it
The average cost of a prenup in Texas is around $1,200, according to recent estimates, but even at the higher end of the spectrum, it’s often a fraction of what a contested divorce might cost. Litigation is expensive, and the toll it takes is almost always financial and emotional. A prenup can dramatically streamline the process. A well-drafted agreement can save you tens of thousands of dollars, along with months or even years of a legal battle if you and your partner haven’t planned ahead with a prenup.
But prenups aren’t just beneficial for your financial situation; they can also be an effective relationship tool. For many couples, talking through topics like debt, retirement savings, and inheritance before marriage can actually strengthen their partnership. Having important and earnest conversations about your expectations for the marriage sets a strong precedent of honest and open communication, even in uncomfortable topics. Making long-term plans can bring you and your loved one closer. Today’s generation of couples, especially millennials and Gen Z, are more likely to see prenups not as a hedge against divorce, but as an honest, responsible step toward a financially transparent marriage.
What to know before you draft
If you’re planning to get a prenup in Texas, the best thing you can do is start the process early. Presenting your fiancé with a prenup at least three to six months before the wedding is a good idea. This gives everyone time to consult with lawyers, think through what they really want, and avoid any suggestion of coercion (Sheshunoff v. Sheshunoff (2005)). It also allows you to gather your financial documents in advance. All assets, debts, and income should be included in the financial disclosures of your agreement. It’s important to get this information to your attorney with enough time to draft a clear and accurate representation of your financial situation.
You should also plan to have at least one conversation with your partner before you meet with lawyers. But the more conversations, the better! Try to align on the big-picture goals like:
- What you both want to protect
- What you both want to share
- Are you both comfortable waiving spousal maintenance
- Do you want to build in provisions for spousal maintenance
Also, make sure to call out the elephant in the room. If you sense that your partner is uncomfortable with the prenup, dive into what’s making them unsure. You don’t want your partner to feel like they need to sign just to not “rock the boat” or to avoid being seen as difficult. Signing without full comfort can lead to resentment and possibly to your partner challenging the agreement in the future. If handled with honesty and respect, these conversations can be empowering. The agreement you both sign should be comforting and beneficial to you both.
Final thoughts on prenup pricing in Texas
In Texas, a prenuptial agreement can cost anywhere from a few hundred dollars to several thousand, depending on your circumstances. Most couples fall somewhere in the $1,000 to $5,000 range, with the biggest factors being complexity, lawyer billing structures, and the amount of negotiation involved.
But what matters more than the price tag, is the peace of mind a prenup brings. A prenup isn’t planning for divorce, it’s about defining your financial life together in a way that’s intentional, fair, and rooted in trust. Whether you’re a couple with modest means or managing multiple properties and businesses, a thoughtfully crafted prenup can protect both of you and set a strong foundation for everything that comes next. Now grab your two-step partner and start those important financial conversations! Then you can get back to the fun parts of planning for your future together, the honeymoon!
Jourdan Stewart is Legal Operations Attorney at HelloPrenup, and a Texas licensed attorney. Jourdan is experienced in drafting prenuptial agreements, and her legal expertise extends to other aspects of family law, business law and entertainment law. Jourdan earned her law degree from Pepperdine University, her MBA from The Acton School of Business, and her BBA from Baylor University. Jourdan’s favorite aspect of legal practice is helping clients fully understand and achieve their goals. She finds great satisfaction in tailoring solutions to each client’s unique set of wants and needs. When she’s not practicing law, Jourdan can be found in nature with her two children and their dog, Stewey.
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