Can a premarital agreement be amended or revoked?

A premarital or prenuptial agreement is a contract between prospective spouses made in contemplation of marriage and to be effective on marriage. Premarital or prenuptial agreements may contain, among other things, contract provisions regarding the following items:

• The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
• The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• The disposition of property on separation, marital dissolution, death, or the occurrence or non-occurrence of any other event;
• The modification or elimination of spousal support;
• The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
• The ownerships rights in and disposition of the death benefit from a life insurance policy;

The choice of law governing the construction of the agreement; and any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

Traditionally, premarital agreements have been entered into when a high net worth individual or a high earner is marrying an individual with very little property or low income. However, with the changing nature of our society, the number of individuals who enter into premarital agreements has broadened dramatically.

In Texas, in order to have a valid premarital agreement, it must be in writing and signed by both parties. While it is not required, it is generally recommended that the premarital agreement also be notarized.

Frequently, premarital agreements are recorded in the Official Real Property records in the county where the parties reside, or where they may own property.

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.