The Texas Family Code allows couples contemplating marriage to enter into premarital agreements, and married couples to enter into post marital property agreements.
Generally speaking, just about anything the parties may want to agree to regarding martial property rights may be included in a marital property agreement. Moreover, the parties can waive rights they may otherwise be entitled to under the law, such as homestead rights and support obligations. However, in no event may a party contract away his or her obligation to support a child.
Marriage is a contract sanctioned by the state. Most of The Family Code and the litigation in family courts isn't about getting or staying married. It's about getting unmarried and child custody and support. Divorcing parties may find themselves spending more on attorney's fees battling about property issues with an aggregate value less than the attorney's fees and the cost of lost productivity.
Some have an ideological aversion to pre- and post martial agreements. The information here is not attempting to change a person's ideological proclivities. It's intended to provide information to those interested in entering into these marital property agreements.