San Antonio, TX asked in Divorce, Estate Planning and Family Law for Texas

Q: Can we sign a prenuptial agreement after becoming informal/common law married and before becoming more formally married?

Heterosexual couple living in Texas. It’s in my interest to join in common law marriage to be recognized as a household to be able to join in on my fiancé’s health care benefits. We have plans to have a formal wedding ceremony a year from now, or when we can—Covid-pending. Thank you.

1 Lawyer Answer
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
  • Estate Planning Lawyer
  • Bryan, TX
  • Licensed in Texas

A: If you are common law married, that is a valid marriage. Thus, if you sign any agreement regarding our property, it will not be a prenuptial agreement but a postmarital agreement which is recognized under Texas law.

1 user found this answer helpful

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