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 § 4.006 (2026)

Enforcement

✓ laws through the 89th Legislature (2025)
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Sec. 4.006. ENFORCEMENT. (a) 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 when it was signed and, before signing the agreement, that party:

(A) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(C) did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

(c) The remedies and defenses in this section are the exclusive remedies or defenses, including common law remedies or defenses.

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

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1999–2023 · leading case: Sheshunoff v. Sheshunoff, 172 S.W.3d 686 (Tex. App.—Austin 2005).
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Sheshunoff v. Sheshunoff, 172 S.W.3d 686 (Tex. App.—Austin 2005). “Language parallel to that in section 4.105 appears in section 4.”
Osorno v. Osorno, 76 S.W.3d 509 (Tex. App.—Houston [14th Dist.] 2002). “Tex. Fam.Code Ann. § 4.006(a) (Vernon 1998).”
Moore v. Moore, 383 S.W.3d 190 (Tex. App.—Dallas 2012). “See Tex. Fam.Code Ann. § 4.006(a)(1) (West 2006).”
Fazakerly v. Fazakerly, 996 S.W.2d 260 (Tex. App.—Eastland 1999). “46 (1993)(reeodi-fied, now TEX. FAM. CODE ANN. § 4.006 (Vernon 1998)) applies to the ante-nuptial agreement because Section 5.”
in the Matter of the Marriage of I.C. & Q.C. & in the Interest of S.C. & K.C., Child., 551 S.W.3d 119 (Tex. 2018). · cites it 3× “TEX. FAM. CODE § 4.006(a). Recognizing an additional just-cause or good-faith 7 exception to the enforcement of the Agreement, as Rebecca urges, would both judicially expand section 4.”
in the Interest of A.M.H. & R.Q.D., Child., No. 14-17-00908-CV (Tex. App.—Houston [14th Dist.] Sept. 17, 2019). · cites it 4× “2d at 739 ; see Tex. Fam. Code Ann. § 4.006 (a) (Vernon 2006); Matter of Marriage of I.”
Joy Perez v. Jonathan Louis Perez, No. 01-22-00290-CV (Tex. App. May 4, 2023). · cites it 3× “105 pertaining to partition or exchange agreements, which is otherwise identical to Texas Family Code section 4.006). As to whether Jonathan’s execution of the premarital agreement was involuntary, Jonathan represented in the premarital agreement that he was “entering into [it]…”
Linda Kaye McDonald v. Cecil Dale McDonald, No. 02-22-00446-CV (Tex. App.—Fort Worth June 8, 2023). · cites it 3× “DISCUSSION In her sole issue on appeal, Wife argues that the trial court erred by rejecting Wife’s argument that the premarital agreement is unconscionable and instead finding it to be valid and enforceable.”
In re Hedy A. Rittenmeyer, Indep. of the Est. of Christopher Allen Rittenmeyer, 558 S.W.3d 789 (Tex. App.—Dallas 2018). · cites it 2× “See TEX. FAM. CODE ANN. § 4.006(a) (West 2006).”
Tom Kozera v. Maja Velemir, No. 01-17-00290-CV (Tex. App.—Houston [1st Dist.] Dec. 13, 2018). · cites it 2× “See TEX. FAM. CODE § 4.006(a); In re Marriage of Lehman, No.”
Sheila B. Thurlow v. Thomas N. Thurlow, No. 09-06-00522-CV (Tex. App.—Beaumont Nov. 26, 2008). · cites it 2× “See Tex. Fam. Code Ann. § 4.006 (a); Sheshunoff , 172 S.”
Kaizer Sheriff v. Shehnaz Moosa, No. 05-13-01143-CV (Tex. App.—Dallas Aug. 11, 2015). · cites it 2× “” See TEX. FAM. CODE ANN. §4.006(a) (West 2006); see also Marsh, 949 S.”
Show all 23 citing cases →
Tex. Fam. Code § 4.006(a): 10 cases
Osorno v. Osorno, 76 S.W.3d 509 (Tex. App.—Houston [14th Dist.] 2002). “Tex. Fam.Code Ann. § 4.006(a) (Vernon 1998).”
in the Matter of the Marriage of I.C. & Q.C. & in the Interest of S.C. & K.C., Child., 551 S.W.3d 119 (Tex. 2018). “TEX. FAM. CODE § 4.006(a). Recognizing an additional just-cause or good-faith 7 exception to the enforcement of the Agreement, as Rebecca urges, would both judicially expand section 4.”
Tom Kozera v. Maja Velemir, No. 01-17-00290-CV (Tex. App.—Houston [1st Dist.] Dec. 13, 2018). “See TEX. FAM. CODE § 4.006(a); In re Marriage of Lehman, No.”
Kaizer Sheriff v. Shehnaz Moosa, No. 05-13-01143-CV (Tex. App.—Dallas Aug. 11, 2015). “” See TEX. FAM. CODE ANN. §4.006(a) (West 2006); see also Marsh, 949 S.”
in the Matter of the Marriage of Andrzej Adamski & Oksana Adamski, No. 14-16-00099-CV (Tex. App.—Houston [14th Dist.] July 25, 2017).
Tex. Fam. Code § 4.006(a)(1): 2 cases
Moore v. Moore, 383 S.W.3d 190 (Tex. App.—Dallas 2012). “See Tex. Fam.Code Ann. § 4.006(a)(1) (West 2006).”
Joy Perez v. Jonathan Louis Perez, No. 01-22-00290-CV (Tex. App. May 4, 2023). “105 pertaining to partition or exchange agreements, which is otherwise identical to Texas Family Code section 4.006). As to whether Jonathan’s execution of the premarital agreement was involuntary, Jonathan represented in the premarital agreement that he was “entering into [it]…”
Tex. Fam. Code § 4.006(a)(2): 2 cases
Untitled Texas Attorney Gen. Opinion, No. KP-0094 (Tex. Att'y Gen. July 2, 2016).
Joy Perez v. Jonathan Louis Perez, No. 01-22-00290-CV (Tex. App. May 4, 2023). “105 pertaining to partition or exchange agreements, which is otherwise identical to Texas Family Code section 4.006). As to whether Jonathan’s execution of the premarital agreement was involuntary, Jonathan represented in the premarital agreement that he was “entering into [it]…”
Tex. Fam. Code § 4.006(a)(2)(A): 1 case
In re Hedy A. Rittenmeyer, Indep. of the Est. of Christopher Allen Rittenmeyer, 558 S.W.3d 789 (Tex. App.—Dallas 2018). “See TEX. FAM. CODE ANN. § 4.006(a) (West 2006).”
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