The court can rule a prenuptial agreement invalid for many reasons, which makes it essential that you ensure your agreement follows the law. The Texas Constitution and Statutes allow your agreement to contain certain details.
The law also forbids certain things in a prenuptial agreement, which are just as important for you to know as the things you must include.
What it can contain
You can design your agreement to delegate the rights you each have to property, including your rights to sell it. You also need to specify what happens with your assets in the event of a divorce.
Besides property, you also can address the issue of spousal support and estate rights of your spouse. You can outline what you will pay or not pay. You can state that you will not pay or receive any spousal support.
What it cannot contain
You cannot include anything in your agreement that would break the law or require your spouse to break the law. You cannot ignore the law either. Everything in your prenuptial agreement has to be legally sound.
One specific thing you cannot dictate in an agreement is child support or custody. Upon review of your agreement at the time of your divorce, the court will invalidate any part of your agreement about these topics. Including them could put the whole agreement at risk for the court to throw it out, even if the other parts of it follow the law. So, it is important to make sure every detail of your agreement is legal and does not violate specific rules about prenuptial agreements.