Will our prenup hold if my spouse claims inadequate disclosure or duress?

A properly executed prenuptial agreement is enforceable in Texas. Family Code Chapter 4 controls. The attacking spouse generally must prove the agreement was not signed voluntarily, or that it was unconscionable when signed and that spouse did not receive fair disclosure, did not waive disclosure in writing, and did not have adequate knowledge of the other party’s property.

Local judges look at timing—whether it was sprung the night before the wedding—independent counsel, attached financial schedules, and whether both parties had time to read and negotiate. A signed waiver of further disclosure helps, but it is not magic if the process looks coercive.

If the prenup is valid, it can control characterization, waive reimbursement, and limit or eliminate contractual alimony. It does not control child support or conservatorship. Those remain subject to the child’s best interest.

If the agreement is already under attack, we preserve the original, gather drafts and emails showing negotiation, and consider a separate trial on enforceability before spending six figures valuing assets the prenup may already assign. The file and the facts decide it—not a rumor that prenups never hold. Board Certified in Family Law since 1998. 469-296-8200.