When Can a Marital Agreement Be Challenged in Texas?

 Posted on October 31, 2025 in Family Law

Many couples use marital agreements as a way to protect their own interests from the potential complications of a divorce. These agreements are legally binding, but under some circumstances, they can be challenged and even struck down in court. If you have questions about the validity of a prenuptial or postnuptial agreement, reach out to a Collin County, TX family law attorney today.

Challenging a prenup or postnup requires a deep understanding of Texas law. At The Law Office of Linda Risinger, we have decades of experience practicing family law, and in that time, we have handled many complex divorces on behalf of our clients. We will go over your case with you to see if your marital agreement can be contested in court.

Three Grounds to Challenge a Marital Agreement in Texas

Grossly Unfair Terms

The terms of a prenup or postnup can be quite flexible, allowing a couple to decide how to handle property division, alimony, and other financial issues as they see fit. However, keep in mind that all marital agreements must be reviewed by a judge before they can be enforced. If a marital agreement is so lopsided in favor of one party that enforcing it would be unjust, the affected spouse may petition to have the agreement struck down.

When a prenup or postnup is grossly unfair to one party, it is considered unconscionable. If you want to challenge a marital agreement on these grounds, the burden is on you to show that it was unconscionable when it was signed. For example, a prenup or postnup could be considered unconscionable if it deprives one spouse of most or all of the community property, or leaves a spouse dependent on public support.

Lack of Disclosure

Prenups and postnups work best when both parties have an understanding of each other’s assets. If one party is not given a "fair and reasonable" disclosure of assets, that party could have valid grounds to challenge the agreement. In order to challenge a prenup or postnup on these grounds, you must prove that all of the following statements are true (Texas Family Code Sec. 4.006):

• You were not given a reasonable disclosure of assets or financial obligations

• You did not explicitly waive your right to a disclosure of assets

• You could not have reasonably known about your partner’s assets or financial obligations

Involuntary Signature

Prenups and postnups must be signed willingly. It may be difficult to prove that you did not voluntarily sign the document, possibly necessitating witness testimony and supporting evidence like text messages.

Involuntary prenups and postnups do not always involve overt threats. For example, if one party changed the terms of the agreement without the other’s consent, or if one party was not allowed to read the document before signing, the validity of the document could be called into question.

Contact a Frisco, TX Prenuptial Agreement Attorney

At The Law Office of Linda Risinger, we can review the terms of your marital agreement and bring any potential issues to your attention. If needed, we can fight for you in court, whether you wish to defend the agreement or challenge it. To arrange a free initial consultation with our Collin County, TX divorce lawyers, call 972-294-6533 today.