Is a prenuptuial agreement legally binding in Texas? It was agreed no coercion or duress was involved.
Attorney answers (1)
Kevin L. Colbert
Reputation Level 13
Answered over 2 years ago.
Lawsuit / Dispute Attorney in Houston, TX.
Prenuptial agreements are binding in Texas so long as the agreement is in writing, was agreed to and signed by both parties before the date of the marriage and, if the agreement affects real property, sworn or acknowledged so it can be filed in the county records where the property is located. Prenuptial agreements cannot violate public policy (such as restricting a child's religious upbringing( restrict a child's right to receive child support, cannot be used to defraud creditors and cannot waive retirement benefits.
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