In Texas a premarital agreement will be enforceable unless a party can prove that: the parties did not sign the agreement voluntarily; or the agreement was unconscionable when it was signed and before signing the agreement, that party: was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; 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 did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.
The prevailing trend in Texas law has been that if a person knows that he or she is signing a premarital agreement, he or she is going to be deemed voluntarily entered into the agreement, even if he or she felt pressured to enter into the agreement because of his or her particular circumstances. Additionally, even though a premarital agreement may be disproportionate, the courts have been inclined to hold that it is still a valid agreement.
John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. John K. Grubb focuses a significant part of his family law practice on helping couples create premarital and prenuptial agreements in Texas.