Before you tie the knot, when should you sign a prenup in Texas? Texas has no specific legal requirement for how soon a prenup must be signed before your wedding date. However, according to Texas prenup attorney Jourdan Gibson Stewart, it’s advisable to finalize the agreement at least one month before your wedding to avoid any potential issues.
Additionally, there are several other requirements to make an enforceable prenup in Texas. These steps must be completed before your wedding date to safeguard your assets in the event of a divorce. Keep reading to learn more about how to sign a prenup in Texas.
What are the requirements to make a prenup in Texas?
To be legally binding in Texas, a prenup must meet the requirements outlined in Texas Family Code § 4. Based on the statute, a Texas prenup must be drafted under specific guidelines that include:
- The prenup must be in writing.
- Both parties must voluntarily sign the prenup.
- The couple must consent to the terms of the prenup freely, without any pressure or coercion.
- The agreement must be made honestly, without any deceit.
- The terms of the agreement must be fair.
- Each party must fully comprehend the agreement.
- Both parties must provide a complete financial disclosure, including a detailed list of assets, income, and debts.
When do I need to sign a prenup in Texas?
While Texas law does not specify a mandatory timeline for signing a prenuptial agreement, it is generally advised that the agreement be finalized at least four weeks before the wedding day.
Texas law does not require that a premarital agreement be signed a certain number of days before a wedding. However, fiancés should plan to review and sign their prenup at least a month before their wedding date. I actually recommend that couples start the prenup conversation at least three to six months before their wedding date to be safe. If challenged in the future, a rushed signature alone won’t invalidate the agreement. But the rushed element could factor into the court’s decision of whether or not the agreement was signed under coercion or duress. If time allows, couples should attempt to sign their agreement with plenty of time before their big day.” – Jourdan Gibson Stewart, Esq.
Do I have to disclose all of my assets?
Yes! It’s essential to disclose everything — any attempt to conceal, omit, or skim over details could make your agreement unenforceable. This requirement, known as “financial disclosure,” is mandated in Texas to ensure the validity and enforceability of a prenup. Alongside negotiating the terms of the prenup, each party must provide a comprehensive financial disclosure to the other. In Texas, failing to disclose all financial details could invalidate the prenup.
A complete financial disclosure involves sharing accurate valuations of assets, income, and debts. Even assets intended to be shared must be disclosed with their respective values to your future spouse. Assets can include real estate (such as homes or rental properties), vehicles, investments, bank accounts, artwork, and more. This list is not exhaustive — anything of value must be included in the financial disclosure.
Does a Texas prenup have to be notarized?
Although not mandated by Texas law, many attorneys recommend notarizing your prenup as an added layer of protection. Notarization involves signing the prenup in the presence of a Notary Public. The Notary Public verifies your identity, confirms your mental competence, ensures your understanding of the document, witnesses your signature and applies their seal and commission number to the contract. With HelloPrenup, you can virtually notarize your Texas prenup directly through the platform, all without leaving the comfort of your own home!
Do I need an attorney to make a Texas prenup enforceable?
No! In Texas, it’s not mandatory for couples to hire attorneys to create a legally binding prenup. However, if your partner challenges the prenup in the future, a court might consider whether each party had legal representation as a factor in determining its validity.
HelloPrenup provides the option to access Texas attorneys at discounted flat rates as an add-on service. This gives you the convenience of creating your prenup online while also ensuring peace of mind through attorney review.
The bottom line on Texas prenup timelines
While Texas doesn’t specify a deadline for completing a prenup, most attorneys advise finalizing it at least one month before your wedding day. Rushing this process can jeopardize your prenup’s enforceability. Investing time now ensures your future protection. Remember:
- Early Preparation is Key: Plan to complete your prenup at least four weeks in advance to avoid any perception of last-minute decisions made under pressure.
- Full Disclosure is Essential: Concealing assets can invalidate the entire agreement, so transparency about finances is crucial.
- Consider Notarization: While not mandatory, it adds an extra layer of security.
- Ensure Peace of Mind: A well-crafted prenup allows you to focus on your marriage without worrying about what the future may bring.
Take charge of your future today and safeguard your assets with a prenup!
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