Current as of April 14, 2021 | Updated by FindLaw Staff
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(a)?A premarital agreement is not enforceable if the party against whom enforcement is requested proves that:
(1)?the party did not sign the agreement voluntarily; ?or
(2)?the agreement was unconscionable when it was signed and, before signing the agreement, that party:
(A)?was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B)?did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; ?and
(C)?did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.
(b)?An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c)?The remedies and defenses in this section are the exclusive remedies or defenses, including common law remedies or defenses.
Cite this article: FindLaw.com - Texas Family Code - FAM § 4.006. Enforcement - last updated April 14, 2021 | https://codes.findlaw.com/tx/family-code/fam-sect-4-006.html
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