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To ensure that things are kept fair and neither person is signing to something they will regret later, each spouse should have their own lawyer when creating and signing a prenup in Texas.
The terms of a prenuptial agreement most likely cannot be changed if a couple is separated or in the process of getting divorced. Changes can only be made before a wedding or during the marriage.
Alimony Waivers Another area of strong protection includes waivers of alimony. If both spouses agree in a prenup that neither spouse will seek or receive alimony, a judge is likely to honor the agreement and will not order alimony in the event of a divorce.
Similar requirements exist for amendments to or revocation of a premarital agreement. Both spouses must execute and sign a writing outlining the changes or elimination of the agreement.
The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party.