Skip to Content
Schedule a Consultation 713-766-5355
Top

Prenuptial Agreement Laweyr in Austin

Plan Your Future With Clarity & Confidence

If you are considering a prenuptial agreement in Austin, you may be wondering how Texas community property rules work, what a prenup can cover, and how to raise the topic without harming trust. At Diggs & Sadler, we help engaged individuals and couples answer these questions so they can move forward with confidence.

We are a boutique Texas family law firm with offices that include Austin, and our attorneys bring more than 125 years of combined experience to complex marital and property planning. Our goal is to guide you through a clear, respectful process that fits your relationship and your long-term goals.

To schedule a consultation with our Austin prenuptial agreement lawyer, call us at (713) 766-5355.

Why Couples Choose Diggs & Sadler

At Diggs & Sadler, every matter benefits from a team-based approach. When you work with one of our attorneys on a prenuptial agreement, you gain the insight of our entire family law group. This collaboration helps us identify issues involving business ownership, complex compensation, or cross border assets that a single set of eyes might miss.

Our leadership includes Cindy Diggs, who is Board Certified in Family Law and Civil Trial Law. This combination is particularly valuable for planning agreements that may later be examined by a court. Our team prepares each matter with the possibility of litigation in mind, so we focus on clarity, disclosure, and structure that aligns with Texas law.

Judith Sadler is Board Certified in Labor & Employment Law, which is especially helpful for clients whose income involves executive employment contracts, stock options, or bonuses. We draw on this knowledge when addressing how employment-related benefits may be characterized during the marriage or if the relationship ends.

Our attorneys have received national and statewide recognition, including listings in The Best Lawyers in America from 2021 through 2025 and selection as “Matrimonial Law Firm of the Year in Texas, 2022.” Cindy Diggs has been named “Forbes Best Divorce Lawyer Houston 2024.” These honors reflect the regard of peers and the depth of our family law practice.

How Prenuptial Agreements Work In Texas

A prenuptial agreement, often called a premarital agreement in Texas statutes, allows future spouses to define in advance how certain property and financial issues will be handled. Couples commonly address the characterization of assets as separate or community property, how specific property would be divided if the marriage ends, and whether either spouse might pay contractual spousal maintenance.

For an agreement to be enforceable, Texas law generally requires that it be signed voluntarily, without coercion, and that there be fair and reasonable disclosure of property and financial obligations unless disclosure is knowingly waived. Timing and process can affect how a court views these elements. We draft agreements with this legal framework in mind and explain how choices you make during the process might later be evaluated in Texas family courts.

Common issues a Texas prenup may address include:

  • Characterizing premarital assets and debts as separate property
  • Addressing how growth in a business or investment will be treated during marriage
  • Allocating responsibility for certain debts if the marriage ends
  • Setting terms for contractual spousal maintenance, if appropriate
  • Clarifying rights related to inheritances or family gifts

Planning For Complex & Modern Families

Examples of situations where a tailored Texas prenup can help include:

  • One partner owns an interest in a closely held business or startup
  • Either partner expects significant stock options, bonuses, or carried interest
  • There are children from prior relationships whose inheritances are a priority
  • The couple owns or expects to acquire real estate in multiple locations
  • One or both partners hold citizenship or residency outside the United States

Frequently Asked Questions

Will asking for a prenup hurt our relationship?

Handled thoughtfully, a prenup conversation can strengthen communication. We encourage clients to frame it as financial planning for both partners, not a lack of trust. During our consultations, we discuss language and timing so the conversation feels respectful rather than confrontational.

When should we start the prenup process?

We suggest starting the process several months before your wedding. This allows time for full disclosure, careful drafting, and any revisions either partner may request. Beginning early also reduces stress and helps avoid any appearance of pressure right before your ceremony.

Can one attorney represent both of us for a prenup?

In most situations, each partner benefits from having their own attorney. We typically represent one future spouse, and the other works with separate counsel. This helps ensure that both of you understand the agreement and that the process supports fairness and informed decision-making.

What can a Texas prenup actually cover?

A Texas prenup can address property characterization, division of certain assets, responsibility for debts, and contractual spousal maintenance. It cannot predetermine child custody or child support. During your consultation, we explain which of your concerns can be addressed in the agreement and which are left to future court review.

Talk With Our Austin Family Law Team

Deciding whether to sign a prenuptial agreement is a personal choice. The first step is understanding how such an agreement would affect your life and your relationship in the context of Texas law. A confidential conversation with our family law team can provide the perspective you need to make that decision thoughtfully.

When you contact Diggs & Sadler, you can expect us to listen first. We will talk through your goals, explain how a prenup typically works for couples marrying in or around Austin, and outline the process and timing. You will have the opportunity to ask questions and to consider next steps without pressure.

To schedule a consultation with our Austin prenuptial agreement attorney, call us at (713) 766-5355.

Have Questions?

We Have Answers!

Take a look at some of the questions we commonly hear and answers to help you.

  • How Will My Stock Options Be Divided Upon Divorce in Texas?

    The division of stock options can be a tricky process, and is often largely dependent on the facts of a particular situation. In order to get a clear sense of what the division of a stock option might look like, you should have your attorney carefully review the specific terms of the option agreement in question. It is also important to note whether the stock option was offered as part of a compensation package to the specific employee in question, or if it is available as a benefit to all (or most) employees at the company.


    Broadly speaking, however, a stock option which was received during the course of a marriage will be counted as community property. Even if they are not fully vested at the time of divorce, some portion of the asset can be claimed and awarded to the non-employee spouse (similar to the discussion above regarding RSUs – see Section 3.007 of the Texas Family Code). If the options were awarded prior to marriage, but were contingent on the employee remaining employed during part or all of the marriage, then those stock options would also be considered community property in a divorce proceeding. The degree to which the options “touch” the marriage (the timing of issuance and the reliance on work performed during the marriage) will is the guiding factor in determining whether, and to what extent, stock options are treated as community property.

  • What are the most common causes for divorce?

    Divorce can be difficult period in anyone’s life, and many people may wonder if they are the only ones who have had to go through the experiences they are dealing with. Research into marriage and divorce has found that the reasons for divorce are similar for many people. Some of the most common issues that factor into divorce include financial difficulties, communication issues, infidelity, fundamentally different values and goals, and drug and alcohol abuse. Although these are some of the most common causes of divorce, there are many more reasons that people choose to end a relationship.

    If you are considering filing for divorce, a lawyer can help you protect your legal rights and interests. To speak with an experienced lawyer about your case, contact the firm of Diggs & Sadler at (713) 766-5355 today.

  • What is the difference between alimony and spousal support?
    There is no difference between alimony and spousal support. They are the same thing. In Texas, "alimony" and "maintenance" are terms used to describe support payments that are made from one divorced spouse to the other to help maintain the standard of living to which the supported spouse grew accustomed during the marriage.

Contact Diggs & Sadler Today!

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Diggs & Sadler at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy