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What terms does Texas law prohibit for prenuptial agreements?

As we mentioned in a previous post, there are many different purposes that prenuptial agreements can be aimed towards. One of the reasons that prenuptial agreements can be so versatile here in Texas is that there are a very wide range of different issues that the state allows such agreements to contain terms on.

While prenuptial agreements can cover a wide range of things, it is important to note that there are some limits here in Texas when it comes to what terms can be in such agreements. There are three types of terms that are directly banned by the state's prenuptial agreement statute

One of these prohibitions regards child support. Prenuptial agreement terms that would lower a future divorce-related child support obligation of a party to a level lower than it would have otherwise been are prohibited under state law. 

Another of the restrictions involves illegal activity. Under state law, prenuptial agreements cannot contain terms that would lead to a violation of criminal statutes. 

The other restriction is a little less specific than the other two. This last restriction is that prenuptial agreements cannot contain terms that would be in violation of public policy.

Prenuptial agreement terms that run afoul of these restrictions will not be found enforceable in the state. Avoiding including unenforceable terms in a prenuptial agreement can be extremely important. Individuals who have questions regarding whether a term they are considering trying to get put into a prenuptial agreement they are trying to reach with their soon-to-be spouse would violate the "public policy" provision of the state's prenuptial agreement law or one of the other term restrictions should consider taking their questions to a family law attorney knowledgeable in prenuptial agreement law. 

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