Can I Make a New Agreement After Marriage Update My Prenup in Texas?

After the date of your marriage, you can make new agreements, but not by amending your prenuptial agreement. Any new agreement must be created through a post marital agreement. This document requires both spouses to exchange full and current financial disclosures.

Protecting Your Inheritance as Separate Property

If you have kept your inheritance separate and have not mixed it with family funds or expenses, it is usually easy to establish it as separate property.
However, once inheritance money is used for shared expenses, home purchases, renovations, or combined bank accounts, it can become mixed with community property. This creates issues of comingling and tracing, which are some of the most litigated and expensive topics in family law.

When a Post Marital Agreement Helps

A post marital agreement identifies the inheritance, documents your intentions, and provides clear expectations for both spouses. This protects your financial interests and helps avoid emotional and financial disputes later.

Why Post Marital Agreements Have a Higher Standard in Texas

Post marital agreements require greater legal scrutiny than prenuptial agreements. Once you are married, you owe each other a fiduciary duty, and the agreement must be fair to both spouses. Before marriage, either person can choose not to marry. After marriage, the law requires fairness and transparency.

Discussing a Post Marital Agreement With Your Spouse

These conversations can be difficult, but addressing concerns early is far better than facing unintended consequences later. If your marriage is strong, now is the ideal time to clarify property rights, expectations, and protections.