How to File a Prenuptial Agreement in Texas

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Posted on April 13, 2023

If you are planning on getting married in Texas and are considering a prenuptial agreement, it’s important to know the proper steps to filing it. A prenuptial agreement is a legal document that outlines how assets and debts will be distributed in the event of a divorce or separation. While it may not be the most romantic part of planning a wedding, it is a practical and important measure to take to protect your financial future.

Here are the steps you need to follow to file a prenuptial agreement in Texas:

1. Hire an attorney

The first thing you should do is find and hire an attorney who specializes in family law. They will be able to advise you on the legal implications of a prenuptial agreement and help you draft one that is legally sound and fair to both parties.

2. Draft the agreement

Once you have found an attorney, you will need to work with them to draft the prenuptial agreement. This agreement should clearly outline what property and assets each party will be bringing into the marriage and how they will be divided in the event of a divorce.

3. Discuss the agreement with your partner

Once the agreement has been drafted, it’s important that you and your partner discuss it thoroughly and come to an agreement on its terms. Make sure they fully understand the implications of the agreement and are comfortable signing it.

4. Sign the agreement

Once both parties have agreed to the terms of the prenuptial agreement, it should be signed by both parties in the presence of a notary public. This makes the agreement legally binding.

5. File the agreement with the county clerk

Finally, the prenuptial agreement should be filed with the county clerk in the county where you obtained your marriage license. This ensures that the agreement is a matter of public record and can be enforced in the event of a divorce.

It’s important to remember that prenuptial agreements are legally binding contracts, and should be taken seriously. While it may not be a fun or romantic process to go through, taking the necessary steps to protect your financial future is a responsible and important step to take.