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 § 4.003 (2026)

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✓ current as of May 2026
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Sec. 4.003. CONTENT. (a) The parties to a premarital agreement may contract with respect to:

(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(3) the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(4) the modification or elimination of spousal support;

(5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(6) the ownership rights in and disposition of the death benefit from a life insurance policy;

(7) the choice of law governing the construction of the agreement; and

(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.

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

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2000–2025 · leading case: Jodi Lynn Erpelding v. Timothy John Erpelding.
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Jodi Lynn Erpelding v. Timothy John Erpelding (Iowa 2018). “1996) ; Texas, Tex. Fam. Code Ann. § 4.003 (a)(4) (West, Westlaw through 2017 Reg.”
In the Interest of Knott (Tex. App. 2003). · cites it 2× “” Tex. Fam.Code Ann. § 4.003(b) (Vernon 1998).”
In Re Marriage of Pendleton & Fireman (Cal. 2000). · cites it 2× “Laws § 15-17-3); Texas (Tex. Fam.Code Ann. § 4.003); Utah ( Utah Code Ann.”
in the Matter of the Marriage of Emma Ruth Vinson & Ben Andrew Vinson, Sr. (Tex. Crim. App. 2015). · cites it 4× “. . . . . . . . . . . . . . . . . . . . .”
Benjamin J. Brown v. Stephanie N. Brown (Va. Ct. App. 2024). · cites it 2× “But can’t arise would be inconsistent with may arise as used in paragraph 4.”
in the Interest of Jessica Brooks Knott, a Minor Child (Tex. App. 2003). · cites it 2× “" Tex. Fam. Code Ann. § 4.003 (b) (Vernon 1998).”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “" TEX.FAM. CODE § 4.003(a)(8). "[P]arties have the right to contract as they see fit as long as their agreement does not violate the law or public policy"; however, courts may refuse to enforce a contract, or a provision in a contract, on the ground that it is against public…”
Jodi Lynn Erpelding v. Timothy John Erpelding (Iowa 2018). “1996); Texas, Tex. Fam. Code Ann. § 4.003 (a)(4) (West, Westlaw through 2017 Reg.”
In the Matter of the Marriage of Chad Schaefer & Amber Lynn Schaefer v. the State of Texas (Tex. App. 2023). “See TEX. FAM. CODE ANN. § 4.003(a)(3). The trial court made a similar conclusion: “The Court finds a ‘Prenuptial Agreement,’ signed by the parties on July 17, 2012, before their marriage, did not provide for the disposition of the marital property upon marital dissolution as…”
Elvis Morin v. Tammy Morin (Tex. App. 2024). “” Tex. Fam. Code Ann. § 4.003 (a)(1). We generally interpret premarital agreements “like other written contracts.”
Jason Robert Jimenez v. Elizabeth Ashley Jimenez (Tex. App. 2025). “” TEX. FAM. CODE § 4.003(a)(1) (listing content that parties may alter in premarital agreement).”
Charles Fred Meshell v. Katherine Antoinette Lippi (Tex. App. 2015). “Annotations Appendix H Appendix H Tex. Fam. Code § 4.003 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, 114, 116-130, 132-134,…”
— Tex. Fam. Code § 4.003(8) — 1 case
Benjamin J. Brown v. Stephanie N. Brown (Va. Ct. App. 2024). “But can’t arise would be inconsistent with may arise as used in paragraph 4.”
— Tex. Fam. Code § 4.003(a)(1) — 1 case
Jason Robert Jimenez v. Elizabeth Ashley Jimenez (Tex. App. 2025). “” TEX. FAM. CODE § 4.003(a)(1) (listing content that parties may alter in premarital agreement).”
— Tex. Fam. Code § 4.003(a)(3) — 2 cases
In the Matter of the Marriage of Chad Schaefer & Amber Lynn Schaefer v. the State of Texas (Tex. App. 2023). “See TEX. FAM. CODE ANN. § 4.003(a)(3). The trial court made a similar conclusion: “The Court finds a ‘Prenuptial Agreement,’ signed by the parties on July 17, 2012, before their marriage, did not provide for the disposition of the marital property upon marital dissolution as…”
in the Matter of the Marriage of Emma Ruth Vinson & Ben Andrew Vinson, Sr. (Tex. Crim. App. 2015). “. . . . . . . . . . . . . . . . . . . . .”
— Tex. Fam. Code § 4.003(a)(8) — 1 case
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “" TEX.FAM. CODE § 4.003(a)(8). "[P]arties have the right to contract as they see fit as long as their agreement does not violate the law or public policy"; however, courts may refuse to enforce a contract, or a provision in a contract, on the ground that it is against public…”
— Tex. Fam. Code § 4.003(b) — 1 case
In the Interest of Knott (Tex. App. 2003). “” Tex. Fam.Code Ann. § 4.003(b) (Vernon 1998).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.