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How does the court handle prenuptial agreements?

If you have a prenuptial agreement, the court will have to validate it before putting it into effect. Your agreement can cover a variety of topics, but it must follow the law.

The Texas Family Code says that the court will accept prenuptial agreements to help ensure less litigation in a divorce, but the judge must ensure it is valid under the law before accepting it.


A prenuptial agreement may divide property and manage liabilities within the marriage. You can outline your wishes for assets and debts to assign who will get them after the divorce. Generally, the court will be fine with these arrangements unless there is a glaring fairness issue. You cannot dictate child support in this type of document, but you can cover spousal support.


The judge will need to look over the agreement and determine fairness. If the court agrees it is fair, then the judge will approve it, and it goes into effect for your divorce. If the judge does not like certain aspects of the agreement, then the judge may make you and your spouse adjust it or make changes that would address his or her concerns.


A prenuptial agreement can help you to save time and money during the divorce process. It will generally mean less time in court as long as you do not have to make major changes or adjustments to it. This is why it is essential to ensure when you create the document that you follow state law and get assistance from someone who has experience with and knowledge of divorce law.