Fort Worth Prenup Lawyer + Postnuptial Agreements

Most people don't think about legal contracts when they're in love or newly married. But as many couples discover, having a prenup or postnup doesn't mean you're planning for divorce. It means you're being thoughtful about how your financial future is built, whether together or separately. At CW Martin Law, we help individuals and couples in Fort Worth create agreements that are respectful, fair, and legally valid. Whether you're about to get married or you've already tied the knot, we can help you put a clear, enforceable plan in writing.

We offer private consultations with an experienced family law attorney. There's no pressure, just a chance to ask questions and get clear answers. Call (817) 813-7777 to set up your complimentary consultation.

Start from a Place of Understanding

Marriage is an emotional commitment, but it's also a legal one. Once you marry in Texas, your income and property typically become community property under state law. That means both spouses have a legal right to almost everything earned or acquired during the marriage. This can come as a surprise to people who enter a marriage with separate businesses, real estate, or children from a prior relationship.

A prenup (prenuptial agreement) is signed before the marriage begins. A postnup is similar, but signed during the marriage. Both documents allow couples to decide how assets and debts will be handled if the marriage ends, whether through divorce or the death of one spouse. These agreements can reduce uncertainty, prevent expensive legal fights, and protect what matters most.

We help our clients write strong, clear agreements that reflect their values. That might include keeping an inheritance separate, clarifying business ownership, or deciding ahead of time how household expenses will be shared. Whatever your goals, we'll walk you through the process.

Work Through the Stigma Around Prenups

Prenups often carry baggage, especially in first marriages. Some people worry it sends the wrong message or implies a lack of trust. But in practice, these agreements are less about expecting a breakup and more about setting the stage for open communication and mutual respect. When you have honest conversations about money, debt, and future plans up front, you actually strengthen the relationship and decrease the likelihood of a future separation.

We've helped teachers, entrepreneurs, retirees, young professionals and everyone in between create prenups that made sense for their lives. They are not simply for the ultra-rich. These documents are becoming more common with blended families, second marriages, and couples who enter the relationship at very different financial starting points. We do not push anyone toward an agreement they don't want; we seek to create a safe space to discuss what a prenup or postnup can do and what it can't.

What Can Be Included in a Texas Prenuptial Agreement?

Texas law allows couples to include many financial and property-related terms in a marital agreement. This includes:

• Keeping specific assets separate, even if acquired during the marriage
• Clarifying who will be responsible for particular debts
• Addressing rights to income from investments, pensions, or retirement accounts
• Protecting a family business or professional practice
• Planning for spousal maintenance (alimony) in the event of divorce
• Addressing what happens to certain property if one spouse passes away

Prenups and postnups cannot decide child custody or child support in advance. Those decisions must be made based on the child's needs at the time of the divorce or separation. However, we can include language that lays the groundwork for open, cooperative parenting or outlines preferred dispute resolution methods, such as mediation.

Every agreement we draft is customized to the couple's circumstances. Texas family courts will not enforce an agreement that feels unfair, unclear, or improperly executed, and we help you avoid that situation in the future.

Postnups Offer a Way to Revisit the Conversation After Marriage

Postnuptial agreements can be useful for couples who didn't sign a prenup but want to set some boundaries now, before they are necessary. They are also helpful for couples going through financial changes, such as one spouse starting a business, inheriting money, or choosing to stay home with children.

In some cases, a postnup can help restore trust after a financial misstep. If one spouse ran up debt or mishandled shared money, a clear agreement about future obligations can lead to a stronger relationship going forward.

Postnups must meet the same legal standards as prenups. Both spouses must sign voluntarily, with full understanding and full disclosure. We'll help you review assets, discuss your priorities, and create a document that is likely to be upheld in court in the off chance that it becomes necessary.

Legal Requirements for Enforcement in Texas

Under Texas Family Code Sections 4.001 through 4.010, prenuptial and postnuptial agreements are enforceable if:

• Both parties signed the agreement voluntarily
• The agreement was not unconscionable at the time it was signed
• Both parties disclosed all relevant financial information before signing, or the right to full disclosure was knowingly waived

We take these requirements seriously. Courts will not enforce an agreement that feels deceptive or one-sided. We work carefully to make sure both parties understand the terms and have time to review them. If you and your partner are working together on an agreement, we recommend that each of you has your own attorney.

Can a Prenup Be Changed or Thrown Out?

In fact, yes. A prenuptial or postnuptial agreement can be amended or revoked by mutual agreement. If both spouses sign a new written document, the original agreement can be changed. However, one spouse cannot change the agreement alone.

If the agreement is challenged in divorce court, the judge will look at how it was created. Did both people disclose their assets? Was either person misled or intimidated? Was the agreement extremely one-sided? A well-written prenup or postnup that follows Texas law will generally be upheld, but it's important to keep the original documents and any supporting materials, such as financial statements or emails, that show how the agreement was reached.

We Handle Marital Agreements With Great Attention to Detail

We've worked with clients at all stages of life, and we take the time to learn about your goals and make sure your agreement reflects what matters to you.

Attorney CW Martin has over a decade of experience in family law and has handled hundreds of cases in Tarrant County. He knows how local courts approach these agreements and can give you clear feedback about what's likely to hold up and what needs to be adjusted. Whether you need a quick review of an existing prenup or a fresh start from scratch, call us.

Texas Prenup and Postnup FAQs

Do I need a lawyer to create a prenup in Texas?

Technically, no; but it's strongly recommended. Courts are more likely to enforce a prenup if each person had a chance to speak with an attorney and the terms were written clearly. A poorly written or incomplete agreement might not hold up in court.

What if my fiancé refuses to sign a prenup?

You can't force someone to sign. These agreements must be voluntary. If your partner is uncomfortable, we can help you explain the purpose and go over any questions they may have.

Can we include spousal maintenance terms?

Indeed you may. Texas allows couples to agree in advance about spousal maintenance, including how much would be paid and under what conditions. However, the court can reject a provision that seems extremely unfair or goes against public policy.

Is a postnup valid if we're already having marital problems?

As long as both spouses sign voluntarily and understand the terms, a postnup signed during difficult times can still be enforceable. In fact, some couples use postnups as part of their process to rebuild trust and stability.

If you're looking for a Fort Worth prenup lawyer or you'd like to create a postnup that protects your future, we're ready to help. Call CW Martin Law at (817) 813-7777 today for a confidential consultation.