On April 28, 2026, the Fifth District Court of Appeals in Dallas issued a memorandum opinion in In the Matter of the Marriage of XXXXX, addressing the enforceability of a premarital agreement in the context of a divorce proceeding.
The appeal arose from a trial court’s decision to declare the parties’ premarital agreement void on the basis that it was “unconscionable when signed.” The case involved a dispute over property division following the dissolution of the marriage, while issues related to the parent-child relationship were not part of the appeal.
In its analysis, the Court of Appeals emphasized that Texas law—specifically Section 4.006 of the Texas Family Code—requires more than a finding of unconscionability to invalidate a premarital agreement. A party seeking to avoid enforcement must also establish additional statutory elements, including the absence of fair and reasonable financial disclosure and lack of adequate knowledge of the other party’s financial obligations.
The appellate court found that the trial court did not make findings on all required elements and that the record did not support a conclusion that those elements had been satisfied. As a result, the Court reversed the portions of the judgment declaring the premarital agreement void.
The case has been remanded to the trial court for a new property division consistent with the terms of the premarital agreement. The appellate court affirmed the divorce itself but did not reach other issues raised on appeal.
This decision highlights the legal framework governing premarital agreements in Texas and the importance of statutory requirements when challenging their enforceability.