Generally, here in Texas, prenuptial agreements that a couple reached regarding how property is to be split in a divorce are enforceable in the event that the couple does in fact end up divorcing. However, there are a couple of grounds under which a prenuptial agreement can be found unenforceable by a court in a divorce case. We will go over one of these grounds today: the unconscionability ground.
There are certain things that a Texas court needs to find in order to deem a prenuptial agreement unenforceable due to being unconscionable.
One is that, at the time the couple signed the agreement, the terms of the agreement were unconscionable.
A court must also find that, in the time leading up to the signing of the prenup, the person the agreement would be enforced against: was not given a reasonable and fair disclosure of the other party’s financial situation, lacked adequate knowledge of the other party’s financial situation (or could not reasonably have had such knowledge) and did not waive, expressly and voluntarily, their right to a fair/reasonable financial disclosure.
Thus, whether a given prenuptial agreement was unconscionable can be a rather complicated question which can be influenced by a wide variety of different details regarding what the situation was when the couple signed the agreement and in the time leading up to the signing. It can also be a very impactful question, as a prenuptial agreement being found to be unenforceable due to unconscionability can have major impacts on the property rights of the individuals in a divorce.
Thus, if a divorcing individual thinks that a prenuptial agreement they signed may have been unconscionable or is seeking to defend a prenuptial agreement against allegations of unconscionability, they may want to talk with a Texas family law attorney. Such attorneys can help such individuals: look into what evidence there is regarding the circumstances surrounding the signing of the agreement, get the information they need regarding prenuptial agreement law to make informed legal decisions and navigate proceedings regarding the validity of the prenup.