Is Breaking a Prenuptial Agreement Considered a Breach?

Yes, breaking the terms of a prenuptial agreement is considered a breach of contract under Texas law. A prenuptial agreement is a legally binding contract between two people who intend to marry, and if one party violates its terms, the other party has the right to seek enforcement or damages in court. Cases filed in Harris County family courts treat prenuptial violations the same way other contract breaches are handled.

What Are the Consequences of Breaching a Prenuptial Agreement?

When a spouse breaches the terms of a prenuptial agreement, the consequences depend on the agreement’s specific provisions. A breach can trigger several outcomes during or after a divorce:

• Loss of property protections outlined in the agreement
• Forfeiture of specific assets or financial benefits
• Court-ordered enforcement of the original terms
• Financial penalties or damages awarded to the non-breaching spouse
• Reallocation of marital property by the court

What Is the Forfeiture Clause?

Some prenuptial agreements include a forfeiture clause that penalizes a spouse who violates specific terms of the contract. If one spouse breaches a provision covered by the forfeiture clause, they may lose their right to certain assets, property, or financial benefits that would otherwise have been protected under the agreement. Not every prenup contains this clause, so reviewing your specific agreement is important before drawing any conclusions.

What Provisions Cannot Be Included in a Texas Prenuptial Agreement?

Certain matters cannot be governed by a prenuptial agreement regardless of what the contract says. Under Texas Family Code § 4.003(b), a prenuptial agreement cannot adversely affect a child’s right to support, and courts will not enforce any provision that violates public policy or applicable law. Provisions that Texas courts will refuse to enforce include:

• Child custody arrangements
• Child support obligations
• Any provision that violates public policy or state law
• Terms that attempt to limit or waive a child’s right to financial support

What Are the Grounds for Invalidation?

A prenuptial agreement is not automatically enforceable just because both parties signed it. Under Texas Family Code § 4.006, a court may refuse to enforce a prenuptial agreement if certain conditions existed at the time of signing:

• One spouse did not sign the agreement voluntarily
• The agreement was unconscionable when it was executed
• One spouse failed to disclose property, debts, or financial obligations
• One spouse was not provided a fair and reasonable disclosure of the other’s finances
• One spouse did not waive the right to disclosure in writing

Your Legal Options Upon a Breach

If your spouse has violated the terms of your prenuptial agreement, you can seek enforcement in court. The right option depends on the nature of the violation and what your agreement provides:

• Enforcement motion: Petition the family court to uphold the original terms of the agreement.
• Property division: Request the court to reallocate assets according to what the prenuptial agreement specifies.
• Financial remedies: Seek compensation for documented losses caused by the breach.
• Contempt proceedings: Available if a court order incorporating the agreement was already in place and was violated.
• Negotiated resolution: Work toward a revised settlement outside of court when appropriate.

Discuss Your Prenuptial Agreement Concerns With Our Houston Team

If your spouse has violated the terms of your prenuptial agreement and you are unsure what steps to take, acting quickly helps preserve your rights and strengthens your position before property is divided or assets are moved.

Call our team at C. E. Schmidt & Associates PLLC at (281) 550-6650 or contact us online to schedule a consultation with our Houston family law team. We will review your prenuptial agreement, identify any breaches, and take action to enforce the terms and protect your financial interests.