Texas law is in flux and nobody knows exactly how marriage agreements for same sex couples will all work out. Most likely, Texas law regarding prenups and post-marital partition agreements will remain unchanged and will protect same sex couples just as they have for others before the United States Supreme Court’s Obergefell v. Hodges decision.

Prenuptial and postnuptial agreements are enforceable in Texas by case law and statute

Prenups, when written correctly, can protect the rights and obligations of both parties with respect to:

  • Division of property that either party owns at the time of marriage
  • Retirement or education funds
  • Property interests
  • Finances
  • Inheritance
  • Obligations of spousal support should the marriage dissolve
  • Against obligation to pay the other party’s debts
  • Life insurance or disability policies

There is no reason to think that Texas marriage agreements will not provide the same protection for same sex couples, and after Obergefell, there is no reason to believe that the law will be any different.

Does common law marriage apply to same sex couples in Texas?

Same sex couples who referred to each other as spouses and lived together in Texas might find themselves unintentionally married. A non-marital cohabitation agreement can help avoid being informally married.

Custom marriage agreements for same sex couples

Custom marriage agreements for same sex couples can be tailored to fit your specific situation. We understand the unique issues same sex couples may face. Attorney Brian McNamara has been writing marriage agreements since 1992. Please contact us for more information at 281-358-3444.