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What happens to your prenuptial agreement during divorce?

If you and your spouse set up a prenuptial agreement before your marriage, then that document should still be binding now that you’re seeking a divorce. While your spouse might be fighting for specific assets, spousal support or other items in divorce, your prenuptial agreement should be the first document reviewed when any negotiations begin.

To have your prenuptial agreement introduced in court, it will need to meet the state’s requirements and be fair. All of your premarital assets, as well as your spouse’s assets, should have been included in the prenuptial agreement, so that they were fully disclosed. Separately owned assets of both spouses will be exempt from Texas community property laws.

Is everything for your divorce settlement included in your prenuptial agreement?

Probably not. There are some things that cannot be included in a prenuptial agreement, such as child support obligations or decisions that might defraud creditors, for example. For those divorce issues, you will need to negotiate or take the case to court to have a judge make a determination for you.

It may be worth talking to your spouse about the issues that you didn’t address in your prenuptial agreement. In most cases, people are able to negotiate and settle outside court, which helps protect their privacy.

If you’re ready to enforce the prenuptial agreement, it’s time to talk to your attorney

You made your prenuptial agreement in good faith, so if your soon-to-be ex-spouse is trying to argue against it, it’s important that you address these matters in your divorce. You should discuss your prenuptial agreement with your attorney and submit it to the court for review if your spouse wants to take this to trial. Your attorney can file the prenuptial agreement for you.