Is a prenup invalid if it was signed shortly before the wedding?

Not automatically. Texas law does not establish a specific minimum waiting period before the wedding. The timing may be considered along with the surrounding circumstances, including whether financial disclosures were made and whether each person had enough time to read the agreement, ask questions, seek legal review, and make a voluntary decision.

Does each person need a separate attorney?

Texas law does not automatically require both people to have separate attorneys for a prenup to be valid. However, independent legal review can help each person understand the agreement and may reduce disputes about the signing process.

Can a Texas prenup address spousal maintenance?

A premarital agreement may include provisions that modify or eliminate spousal maintenance. Whether a particular provision is enforceable depends on the agreement’s wording and whether the agreement satisfies Texas enforceability requirements.

Can spouses change a prenup after the wedding?

Spouses may amend or revoke a premarital agreement after marriage. The change or revocation must be in writing and signed by both parties. A verbal agreement is not sufficient under the statutory requirements.

Does hiding an asset automatically invalidate a prenup?

Not necessarily. Under Texas law, inadequate disclosure is evaluated as part of a specific challenge involving an agreement that was unconscionable when signed. The court may also consider whether the person challenging the agreement waived additional disclosure in writing or already had adequate knowledge of the other person’s finances.

Can a prenup decide child custody or child support?

A prenup cannot adversely affect a child’s right to support. It also cannot conclusively control future conservatorship or possession decisions because a court must consider the child’s best interests when those issues arise.