I get asked a lot by people who are considering getting a prenuptial agreement, whether or not it will stand up. And although it's the case that in the distant past prenuptial agreements weren't favored, the fact of the matter is now they're very enforceable. We actually have statutes in our Texas Family Code that say that as long as the agreement is in writing and is signed by both people, then it's going to be enforceable. As a matter of fact, it's interesting, premarital agreements are more enforceable than most other kinds of contracts. Our Texas Family Code says that normal contract defenses can't be used against premarital agreements unless they're reflected in the Texas Family Code. So the Texas Family Code only lets you dispute these agreements if they're unconscionable. It's the word used in the statute or if they're not signed voluntarily. And to prove that something is unconscionable, for example, is really very difficult. So your premarital agreement is going to stand up that in all likelihood.
Diggs & Sadler