Postnuptial agreements offer high-wealth couples a way to define financial boundaries and protect assets. There are specific matters that Texas law does not allow in these agreements. Knowing what you can’t include ensures your postnuptial agreement stays enforceable and within legal limits.
Child custody and support provisions
Texas law prohibits including child custody arrangements or waiving child support obligations. The courts prioritize the child’s best interests. As a result, they make decisions about custody and support at the time of divorce or separation. Any attempt to limit or predetermine these issues in a postnuptial agreement will not hold up in court.
Waiving spousal support
While Texas law allows you to address spousal support in a postnuptial agreement, strict rules apply. You can waive spousal support, but the waiver must meet legal standards to be enforceable.
The court will examine whether both parties made the waiver voluntarily. Both must have had full knowledge of each other’s financial situation. If the waiver seems unfair at the time of enforcement, the court might reject it. So, while you can include spousal support in your agreement, you need to handle it carefully to comply with the law.
Provisions that encourage divorce
Texas courts will not enforce provisions in a postnuptial agreement that encourage or incentivize divorce. Any clauses that reward a spouse for filing for divorce or provide benefits only if the marriage ends will be invalid. These provisions go against public policy and could undermine the entire agreement.
Creating a solid postnuptial agreement
When drafting a postnuptial agreement, or marital property agreement, focus on what the law allows. By following these guidelines, you can create an agreement that protects your interests and stands up in court if challenged.