Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES · CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
Texas Codes

Tex. Fam. Code § 4.002 (2026)

Formalities

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Sec. 4.002. FORMALITIES. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2009–2024 · leading case: Dove v. Dove, 680 S.E.2d 839 (Ga. 2009).
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Dove v. Dove, 680 S.E.2d 839 (Ga. 2009). · cites it 2× “§ 9-11-402); California (Cal. Fam.Code § 1611); Connecticut (Conn.”
Moore v. Moore, 383 S.W.3d 190 (Tex. App.—Dallas 2012). “See Tex. Fam.Code Ann. § 4.002 (West 2006). However, the Act also provides *195 that a premarital agreement is not enforceable if the party against whom enforcement is requested proves that he or she did not sign the agreement voluntarily.”
Joy Perez v. Jonathan Louis Perez, No. 01-22-00290-CV (Tex. App. May 4, 2023). · cites it 2× “” TEX. FAM. CODE ANN. § 4.002. The Texas Family Code also provides that “[a] premarital agreement is not enforceable if the party against whom enforcement is requested proves that”: (1) the party did not sign the agreement voluntarily; or (2) the agreement was unconscionable…”
Tatiana Telegina v. Valadimir Nechayuk, No. 09-22-00383-CV, 2024 WL 5080262 (Tex. App.—Beaumont Dec. 12, 2024). · cites it 2× “” Tex. Fam. Code Ann. § 4.002 . Likewise, spouses may enter into marital property agreements partitioning their existing and future property, which must be in writing and signed by both parties.”
Matias S. Ruiz v. Susan Elizabeth Ruiz, No. 04-16-00016-CV (Tex. App.—San Antonio Dec. 28, 2016). “See TEX. FAM. CODE ANN. § 4.002 (West 2006) (providing a premarital agreement must be in writing and signed by both parties).”
in the Matter of the Marriage of Eugene Howell Sauls & Josephine Marie Worley, 648 S.W.3d 359 (Tex. App.—Texarkana 2021). “” TEX. FAM. CODE ANN. § 4.002. As a result, the advice of counsel is not a prerequisite to the validity of a premarital agreement.”
Tiziana Cosentino v. Frost Bank, No. 05-21-00829-CV (Tex. App.—Dallas Feb. 16, 2022). “See TEX. FAM. CODE ANN. § 4.002 (requiring premarital agreement be signed by both parties); In re W.”
Charles Fred Meshell v. Katherine Antoinette Lippi, No. 02-15-00212-CV (Tex. App.—Fort Worth Nov. 17, 2015). “Appendix F Annotations Appendix G Appendix G Appendix G Tex. Fam. Code § 4.002 This document is current through the 2015 regular session, 84th Legislature, Chapters: 3-11, 13-20, 22-29, 31-32, 34-46, 48, 51, 53-62, 63, 66-68, 70-81, 83, 85-96, 98-99, 101-102, 104-105, 107-112,…”
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