TEXAS PREMARITAL AGREEMENT

(Uniform Premarital Agreement Act – Tex. Fam. Code Ann. § 4.001 et seq.)

[// GUIDANCE: This is a comprehensive “court-ready” template drafted for use by Texas-licensed attorneys. All bracketed text must be customized to the parties’ specific deal terms, financial disclosures, and procedural preferences before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Classification & Management of Property
   3.2 Income From Separate Property
   3.3 Joint Acquisitions & Commingling
   3.4 Debts & Liabilities
   3.5 Spousal Maintenance
   3.6 Estate Planning & Death Benefits
   3.7 Gifts & Transfers Between Parties
   3.8 Tax Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
   7.1 Mutual Indemnification
   7.2 Liability Caps
   7.3 Force Majeure
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules

1. DOCUMENT HEADER

PREMARITAL AGREEMENT (this “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME], residing at [ADDRESS], (“Party A”), and
• [FULL LEGAL NAME], residing at [ADDRESS], (“Party B”).

(Each, a “Party” and, collectively, the “Parties.”)

1.1 Recitals

A. The Parties contemplate legal marriage under the laws of the State of Texas on or about [WEDDING DATE] and, pursuant to Tex. Fam. Code Ann. § 4.001 et seq., desire to establish their respective rights and obligations in property, income, and debts, both during marriage and upon marital dissolution, death, or other event.

B. Each Party has received a fair and reasonable disclosure of the property and financial obligations of the other Party, as set forth on Schedule A (Party A Financial Disclosure) and Schedule B (Party B Financial Disclosure) hereto, or has voluntarily and expressly waived further disclosure.

C. Each Party enters into this Agreement freely, voluntarily, and upon the advice of separate, independent legal counsel of his or her choosing, or, after full opportunity, has knowingly waived such right.

NOW, THEREFORE, in consideration of the mutual covenants herein and the anticipated marriage of the Parties, the Parties agree as follows:

2. DEFINITIONS

Unless the context requires otherwise, capitalized terms have the meanings assigned below. Defined terms appear in alphabetical order for ease of reference.

“Agreement” has the meaning given in the preamble.

“Community Property” means all property acquired during marriage that is not Separate Property, as defined by Tex. Fam. Code Ann. § 3.002, together with income, appreciation, and proceeds thereof, except as otherwise provided herein.

“Community Debt” means any indebtedness incurred during marriage that is not expressly designated as Separate Debt under this Agreement.

“Enforcement Challenge” means any judicial or arbitral proceeding seeking to invalidate or modify this Agreement, whether in whole or in part.

“Separate Debt” has the meaning provided in Section 3.4.2.

“Separate Property” means (i) property owned or claimed by a Party before marriage, (ii) property acquired during marriage by gift, devise, or descent, (iii) personal injury recoveries (excluding loss of earning capacity), and (iv) any property that this Agreement designates as Separate Property, together with all income, appreciation, and proceeds thereof as permitted by Section 3.2.

“Uniform Act” means the Uniform Premarital Agreement Act as adopted in Texas, Tex. Fam. Code Ann. § 4.001 et seq.

[// GUIDANCE: Add or delete definitions as needed.]

3. OPERATIVE PROVISIONS

3.1 Classification & Management of Property

3.1.1 Separate Property. Each Party’s Separate Property is listed on the respective disclosure schedule. Except as expressly provided herein, Separate Property shall remain that Party’s sole and separate property during the marriage and thereafter, free of claim or interest by the other Party.

3.1.2 Community Property Opt-Out. To the fullest extent permitted by the Uniform Act, the Parties elect to “opt out” of the default Texas community-property system. Accordingly, any property titled in the name of one Party alone shall be presumed Separate Property, and title shall control absent clear and convincing evidence of intent to create joint ownership.

3.1.3 Management. The owning Party shall have the sole right to manage, control, encumber, convey, or otherwise dispose of his or her Separate Property without joinder or consent of the other Party.

3.2 Income From Separate Property

Except as may be specifically re-characterized by written instrument executed by both Parties after marriage, all income, rents, dividends, appreciation, and proceeds derived from Separate Property shall remain Separate Property. Tex. Const. art. XVI, § 15 is expressly invoked to validate this provision.

3.3 Joint Acquisitions & Commingling

3.3.1 Intent. Property acquired in joint names or expressly designated in writing as “Community Property” or “Joint Property” shall be jointly owned in the proportions stated in the instrument of title; absent such statement, ownership shall be equal.

3.3.2 Record-Keeping. Each Party shall maintain adequate records to trace Separate Property contributions. Commingling that precludes direct tracing will convert the commingled portion to Community Property only to the minimum extent required by Texas law.

3.4 Debts & Liabilities

3.4.1 Separate Debt. Debt incurred before marriage, or after marriage solely in the name of one Party and not for the benefit of the marital estate, shall be that Party’s “Separate Debt.”

3.4.2 Community Debt. All other debts, including joint credit facilities, consumer accounts opened in both names, and obligations incurred for household necessaries, shall be “Community Debt” and allocated 50/50 unless otherwise agreed in writing.

3.4.3 Hold Harmless. Each Party shall indemnify and hold the other harmless from his or her Separate Debt in accordance with Section 7.1.

3.5 Spousal Maintenance

3.5.1 Waiver. Each Party knowingly and voluntarily waives any and all rights to temporary or permanent spousal maintenance or alimony that may arise under Tex. Fam. Code Ann. § 8.001 et seq., except as provided in Section 3.5.2.

3.5.2 Contractual Maintenance. In lieu of statutory maintenance, the Parties agree that, upon dissolution, Party [A/B] shall pay contractual maintenance of $[AMOUNT] per month for [TERM] months, subject to early termination upon remarriage or cohabitation of the receiving Party.

[// GUIDANCE: Contractual maintenance is enforceable in Texas if consideration is recited and terms are sufficiently definite.]

3.6 Estate Planning & Death Benefits

3.6.1 Waiver of Spousal Share. Each Party waives rights to an elective share, intestate share, homestead allowance, and all other statutory rights in the deceased Party’s estate, except as specifically provided in any testamentary document executed after the Effective Date.

3.6.2 Beneficiary Designations. Each Party shall have the unrestricted right to designate or change beneficiaries on life insurance, retirement, or similar accounts, subject to any binding beneficiary designations made pursuant to Schedule C (if applicable).

3.7 Gifts & Transfers Between Parties

Gifts between the Parties shall be conclusively presumed the Separate Property of the recipient unless otherwise documented in writing contemporaneous with the transfer.

3.8 Tax Matters

3.8.1 Separate Tax Liability. Each Party agrees to indemnify the other for any tax liability attributable to that Party’s Separate Property or Separate Debt.

3.8.2 Filing Status. The Parties shall determine annually, after consultation with tax advisers, whether to file joint or separate income-tax returns. If a joint return is filed, any refund or liability shall be allocated in proportion to each Party’s respective tax burden for the year.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that the financial statements attached as Schedule A and Schedule B are true, complete, and materially accurate.

4.2 Independent Counsel. Each Party acknowledges (i) receipt of independent legal advice, or (ii) voluntary waiver thereof, and that such waiver was made with full understanding of the consequences.

4.3 Voluntariness. Execution of this Agreement is free from fraud, duress, or undue influence.

4.4 Survival. All representations and warranties survive execution and shall continue in full force and effect for purposes of Section 6 (Default & Remedies).

5. COVENANTS & RESTRICTIONS

5.1 Record-Keeping. Each Party covenants to keep complete records sufficient to identify Separate Property.

5.2 Cooperation. The Parties shall cooperate in executing any further documents reasonably necessary to carry out this Agreement.

5.3 Notice of Material Change. A Party must provide written notice to the other within thirty (30) days of any material change in net worth exceeding $[THRESHOLD].

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute a default:
(a) Material breach of any covenant in Section 5;
(b) Willful failure to indemnify under Section 7.1; or
(c) Material misrepresentation in Schedule A or Schedule B.

6.2 Cure Period. The non-defaulting Party must give written notice specifying the default and allow a thirty (30)-day cure period before pursuing remedies.

6.3 Remedies. Upon uncured default, the non-defaulting Party may pursue:
(a) Specific performance;
(b) Injunctive relief (Section 8.4);
(c) Monetary damages, subject to the liability cap in Section 7.2; and
(d) Attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against all losses, liabilities, claims, and expenses arising out of or relating to:
(i) Separate Debt of the Indemnifying Party;
(ii) breach of this Agreement; or
(iii) inaccuracy in the Indemnifying Party’s financial disclosures.

7.2 Liability Caps

Except in the case of willful misconduct or fraud, a Party’s aggregate liability under this Agreement shall not exceed the greater of (a) $[CAP AMOUNT] or (b) the value of that Party’s Separate Property at the time liability is determined.

7.3 Force Majeure

A Party is excused from performance (other than payment obligations) to the extent rendered impossible by acts of God, war, governmental action, pandemic, or other events beyond reasonable control. Prompt notice and mitigation are required.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement, and any dispute arising hereunder, shall be governed by and construed in accordance with the domestic relations laws of the State of Texas, without regard to conflict-of-laws principles.

8.2 Forum Selection

Subject to Section 8.3, the Parties irrevocably submit to the exclusive jurisdiction of the district courts exercising family-law jurisdiction in [COUNTY], Texas.

8.3 Arbitration (Limited Availability)

8.3.1 Scope. Except for (i) child-support or child-custody matters, and (ii) requests for injunctive relief, any dispute not resolved informally within thirty (30) days shall be submitted to confidential, binding arbitration administered by [ARBITRATION PROVIDER] under its Family Law Arbitration Rules.

8.3.2 Judgment. The arbitral award may be entered in any court of competent jurisdiction.

[// GUIDANCE: Confirm local court rules permit arbitration of property/support issues before inserting.]

8.4 Injunctive Relief

Notwithstanding Section 8.3, either Party may seek temporary or permanent injunctive relief (including specific performance) in state family court to protect rights in property or to enforce this Agreement.

8.5 Jury Waiver

To the extent a jury trial is otherwise available in a proceeding to enforce this Agreement, each Party knowingly waives the right to a jury trial. [// GUIDANCE: Jury trials are generally unavailable for property division in Texas family court, but this waiver provides belt-and-suspenders protection.]

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver is effective unless in writing and signed by both Parties after marriage.

9.2 Assignment. Neither Party may assign rights or obligations under this Agreement without prior written consent.

9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, legal representatives, and permitted assigns.

9.4 Severability; Reformation. If any provision is held unenforceable, the court shall modify the provision to the minimum extent necessary to render it valid, and the remainder shall remain in full force.

9.5 Integration. This Agreement, including schedules, constitutes the entire understanding of the Parties and supersedes all prior agreements, written or oral, concerning the subject matter.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and signature pages transmitted by electronic means shall be deemed originals for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

State of Texas
County of ______

This instrument was acknowledged before me on __ [DATE], by ____ and ____.

Notary Public, State of Texas
My commission expires: ____

[// GUIDANCE: Texas does not require notarization for enforceability under the Uniform Act, but notarization provides additional evidentiary protection and is strongly recommended.]

11. SCHEDULES

Schedule A – Party A Financial Disclosure
Schedule B – Party B Financial Disclosure
Schedule C – Beneficiary Designations (Optional)

[// GUIDANCE: Attach full balance sheets, income statements, and supporting documentation. The more robust the disclosure, the stronger the defense against an unconscionability attack.]

END OF DOCUMENT