Table of Contents
1. Title: Protection and Enforcement of Prenuptial Agreements Act
1.1. Section 1: Definitions
- "Prenuptial Agreement" refers to a legally binding agreement entered into by two parties before their marriage, outlining the division of assets, spousal support, and other financial matters in the event of divorce or separation.
- "Court" refers to any court in the State of Texas with jurisdiction over family law matters.
1.2. Section 2: Respect for Prenuptial Agreements
- In any divorce or separation proceeding, the court shall enforce the terms of a valid prenuptial agreement entered into by the parties, unless the agreement was obtained through fraud, coercion, or other unconscionable means.
- If the court determines that deviation from the terms of the prenuptial agreement is necessary, it shall endeavor to steer such deviations towards compliance with the agreement to the extent possible, taking into account the intent of the parties at the time of entering into the agreement.
1.3. Section 3: Prohibition on Invalidating for Financial Fairness
- The court shall not invalidate a prenuptial agreement solely on the basis of financial fairness or equity, as long as the agreement was entered into voluntarily and with full disclosure of assets and liabilities by both parties.
1.4. Section 4: Prohibition on Considering Gender
- The court shall not consider the gender of either party in any decision related to the enforcement or interpretation of a prenuptial agreement.
1.5. Section 5: Burden of Proof
- In any proceeding to challenge the validity or enforceability of a prenuptial agreement, the burden of proof shall be on the party seeking to invalidate or modify the agreement to demonstrate by clear and convincing evidence that the agreement is unenforceable.
1.6. Section 6: Severability
- If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.
1.7. Section 7: Effective Date
- This Act shall take effect immediately upon passage.