PrenupsAI

Evidence-package comparison

California vs. Texas

California and Texas both use statutory premarital-agreement frameworks, but California's package separately identifies counsel and timing protections while Texas's package centers its enforcement evidence on voluntariness, disclosure, waiver, and knowledge.Cal. Fam. Code § 1615(a)–(b)Cal. Fam. Code § 1615(c)(1)–(3)Tex. Fam. Code § 4.006

CA

California

California Family Code sections 1611–1616: execution, content, support limits, amendment, voluntariness, disclosure, counsel, timing, and void marriages.

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Authorities
9
Reviewed
2026-07-18
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TX

Texas

Texas Family Code Chapter 4, Subchapter A: formalities, permitted subjects, child support, effect, amendment, and enforcement.

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section verified
Authorities
6
Reviewed
2026-07-18
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Side-by-side source map

What each package says

A blank topic is intentionally visible. The page never fills an uncatalogued state-law rule from general model knowledge.

formalities

California
Cal. Fam. Code § 1611

A premarital agreement must be written and signed by both parties.

Cal. Fam. Code § 1611
Texas

financial disclosure

California
Cal. Fam. Code § 1615(a)–(b)

The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.

Cal. Fam. Code § 1615(a)–(b)
Texas
Tex. Fam. Code § 4.006

Texas addresses voluntary signing and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.

Tex. Fam. Code § 4.006

child support

California
Cal. Fam. Code § 1612(b)

A premarital agreement may not adversely affect a child's right to support.

Cal. Fam. Code § 1612(b)
Texas

amendment revocation

California
Cal. Fam. Code § 1614

After marriage, amendment or revocation requires a written agreement signed by the parties.

Cal. Fam. Code § 1614
Texas
Tex. Fam. Code § 4.005

After marriage, amendment or revocation requires a written agreement signed by the parties.

Tex. Fam. Code § 4.005

Questions before comparing outcomes

What counsel should establish first

  1. 01

    Which state's law governs each disputed issue, and is the agreement's choice-of-law clause effective?

  2. 02

    Where did the parties live, sign, marry, own property, and expect to perform the agreement?

  3. 03

    Which current statutes and later cases are absent from either source-catalogued package?

  4. 04

    What execution, counsel, disclosure, waiver, and financial-knowledge evidence can actually be proved?

Every source used on this page

Comparison authorities

The complete state guides contain additional authorities and limitations beyond this focused comparison.

formalitiesstatute

Cal. Fam. Code § 1611

California premarital-agreement formalities

A premarital agreement must be written and signed by both parties.

  • The agreement is enforceable without consideration.
permitted subjectsstatute

Cal. Fam. Code § 1612(a)

California permitted subjects

The statute lists property, disposition, estate-planning, insurance, choice-of-law, and other lawful subjects.

  • Other personal rights and obligations remain subject to public policy and criminal statutes.
child supportstatute

Cal. Fam. Code § 1612(b)

California child-support limitation

A premarital agreement may not adversely affect a child's right to support.

    spousal supportstatute

    Cal. Fam. Code § 1612(c)

    California spousal-support provisions

    California places counsel and unconscionability limits on premarital spousal-support provisions.

    • A support provision may not be enforceable against a party who lacked independent counsel when signing.
    • The provision may also be examined for unconscionability at enforcement.
    • Representation alone does not necessarily cure an otherwise unenforceable provision.
    effective datestatute

    Cal. Fam. Code § 1613

    California effective date

    A premarital agreement becomes effective upon marriage.

      amendment revocationstatute

      Cal. Fam. Code § 1614

      California amendment or revocation

      After marriage, amendment or revocation requires a written agreement signed by the parties.

      • The amendment or revocation is enforceable without consideration.
      financial disclosurestatute

      Cal. Fam. Code § 1615(a)–(b)

      California voluntariness and financial disclosure

      The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.

      • The statute calls for fair, reasonable, and full disclosure in its unconscionability framework.
      • It also addresses written waiver of further disclosure and adequate knowledge of property or obligations.
      • The court decides unconscionability as a matter of law.
      timingstatute

      Cal. Fam. Code § 1615(c)(1)–(3)

      California counsel and seven-day protections

      The voluntariness framework includes counsel advisement, a seven-calendar-day period, and written protections for an unrepresented party.

      • For agreements executed on or after January 1, 2020, the statute describes at least seven calendar days between first presentation of the final agreement and signing.
      • An unrepresented party must receive a written explanation of terms, basic effect, and relinquished rights and sign a prescribed declaration.
      void marriagestatute

      Cal. Fam. Code § 1616

      California void-marriage rule

      If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

        formalitiesstatute

        Tex. Fam. Code § 4.002

        Texas premarital-agreement formalities

        A premarital agreement must be written and signed by both parties.

        • The agreement is enforceable without consideration.
        permitted subjectsstatute

        Tex. Fam. Code § 4.003(a)

        Texas permitted subjects

        Texas lists property, disposition, support, estate-planning, insurance, choice-of-law, and other lawful subjects.

        • The listed subjects include modification or elimination of spousal support.
        • The listed subjects include wills, trusts, life-insurance death benefits, and choice of law.
        child supportstatute

        Tex. Fam. Code § 4.003(b)

        Texas child-support limitation

        A premarital agreement may not adversely affect a child's right to support.

          effective datestatute

          Tex. Fam. Code § 4.004

          Texas effective date

          A premarital agreement becomes effective on marriage.

            amendment revocationstatute

            Tex. Fam. Code § 4.005

            Texas amendment or revocation

            After marriage, amendment or revocation requires a written agreement signed by the parties.

            • The amendment or revocation is enforceable without consideration.
            financial disclosurestatute

            Tex. Fam. Code § 4.006

            Texas voluntariness and financial disclosure

            Texas addresses voluntary signing and an unconscionability framework involving disclosure, written waiver, and adequate knowledge.

            • The framework addresses fair and reasonable disclosure of property or financial obligations.
            • It also addresses express written waiver of further disclosure and adequate knowledge.
            • The court decides unconscionability as a matter of law.