Prenuptial Agreement Attorney in McKinney, Collin County Texas Prenup Lawyer, Asset Protection, Separate Property, Business Interests, Spousal Support Terms

At Hargrave Family Law, our respected team of prenuptial agreement attorneys help clients across McKinney and Collin County protect their assets, clarify their financial expectations, and step into marriage with confidence.

Since 2017, our firm has guided clients through major life transitions using collaborative, non-adversarial strategies that protect family, property, and long-term outcomes. As a law firm repeatedly recognized by our peers, including as a Tier 1 Best Law Firm®, and which also includes attorneys and paralegals Board Certified in Family Law by the Texas Board of Legal Specialization, we bring robust experience to every agreement.

A prenuptial agreement is a written agreement between two people, signed before marriage, that explains how financial matters will be handled if the marriage ends or one spouse passes away. It can address separate property, community property, business ownership, professional practices, debts, inheritance, legacy wealth, and potential spousal support. A well written prenuptial agreement will be utilized to resolve issues when the marriage ends, whether that means making things easier for the couple in divorce or for the heirs at the time of death.

Done well, a prenup is not about expecting the worst. It is about entering marriage with transparency, protecting what you have already built, and preserving relationships across generations.

Understanding What Makes a Prenuptial Agreement Valid

To be enforceable, your prenup must be in writing and signed by both spouses before the wedding. Oral or email promises do not count, no matter how detailed they are. Beyond the paperwork, courts also look at how the agreement came together. A valid and enforceable Texas prenup typically requires:

Voluntary execution by both parties, free from pressure or last-minute ultimatums
Total disclosure of each person’s assets, debts, and income
Adequate time to review, negotiate, and consult independent legal counsel
Terms that are not unconscionable when signed

This is why thoughtful negotiation matters as much as the final language. Each spouse should have their own attorney, full financial disclosures should be exchanged in writing, and the final agreement should be finalized well before the ceremony.

Having an experienced family law attorney on your team will allow them to review your situation, ensure the appropriate steps are taken to be able to negotiate in good faith,, and help structure an agreement built to withstand legal scrutiny down the road.

Our Prenuptial Agreement Services in McKinney

Prenuptial agreement drafting
Prenup review for proposed agreements
Asset protection planning
Business interest planning
Separate property planning
Spousal support term negotiation
High-asset and complex prenups
Postnuptial agreements
Child Custody & Support
Property Division
Post-Divorce Modifications

WE WILL SPEAK FOR YOUR RIGHTS

Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid.

Book Consultation

Seven professional women posing in office setting

Why Choose Hargrave Family Law

Board Certified Experience

We have attorneys that are Board Certified in Family Law by the Texas Board of Legal Specialization, a credential held by only 848 active Texas attorneys in 2022-23. That is a fraction of one percent of the State Bar. We also have paralegals who have obtained Board Certification in Family Law as well.

Non-Adversarial Strategy

We use collaborative and resolution-focused techniques to minimize damage to your relationship and your finances. Litigation is the last resort, not the first move.

Recognized by the Profession

Our founder, Jennifer Hargrave, holds the AV Preeminent rating from Martindale-Hubbell, has been recognized as a Texas Super Lawyer ® since 2011, has been listed in The Best Lawyers in America® since 2011, and has an Avvo 10.0 rating. Hargrave Family Law has also achieved a Tier 1 ranking in the Best Law Firms® for several years. We have other attorneys who have also consistently received Super Lawyer® and Best Lawyer® recognition as well.

Client Empowerment

We give you the information, resources, and clarity you need to make confident decisions about your future. We also stay connected long after the case closes to be a resource as you handle your next chapter.

What a Texas Prenup Can and Cannot Cover

What a Texas prenup can cover:

Classification of separate property each spouse brings into the marriage
Business ownership, control, and protection of company interests
How marital assets will be divided if the marriage ends
Allocation of debts, including student loans and credit obligations
Inheritance planning and protection of family wealth or trusts
Spousal support terms, including waivers or set amounts
Rights to property acquired during the marriage, including buying, selling, and managing assets

What a Texas prenup cannot cover:

Child support amounts or payment terms
Child custody or conservatorship arrangements
Visitation schedules or possession orders
Anything that violates Texas public policy or criminal law

When to Start the Prenup Process

The best time to start a prenup is as early as possible, ideally at least six months before the wedding depending on the number and complexity of assets. Starting early results in an intentional agreement that reflects both parties’ wishes. It also gives both partners space to ask questions, gain clarity, make informed decisions, and enter into the marriage feeling confident rather than cornered.

Rushing the process creates stress and can also raise enforceability concerns later if a court believes one spouse signed under pressure.

Take the time to explore options together and have meaningful conversations about your future. Decisions made now are an investment in building the foundation for your marriage, including how to openly communicate with each other about important issues.

About Hargrave Family Law

Hargrave Family Law is a boutique family law firm based in Dallas, serving clients across the Dallas–Fort Worth Metroplex since 2017. We focus on helping high-achieving individuals and families handle sensitive legal matters like prenuptial agreements with dignity, discretion, and a clear strategic plan.

Our approach is non-adversarial by design. We use collaborative strategies to protect what matters most, including assets, business interests, and the relationships that will outlast any legal document.

We are the right fit for clients who want to make values-based decisions, preserve their privacy, and enter a new chapter with their finances and relationships intact. If that sounds like you, we are ready to empower you to take the next step with clarity and hope.

Our Premarital Agreement Process For McKinney Clients

1. Initial Contact and Intake

When you reach out, our Client Care Coordinator handles your first call, gathers basic information, and matches you with the right next step.

2. Complimentary Case Evaluation

You meet remotely with our Client Intake Specialist to talk through your situation, goals, and concerns. Together you review your options, including adding us to your advocacy team.

3. Paid Attorney Consultation

If a deeper legal conversation makes sense, you meet with one of our attorneys at their hourly rate to explore strategy and next steps.

4. Engagement and Legal Work

Once you retain us, your legal team takes over the case. Behind the scenes, your Client Care Coordinator checks in monthly, outside of legal matters, to offer support, resources, and a listening ear.

5. Ongoing Connection After Your Case

After your case closes, we stay in touch. Your Client Care Coordinator reaches out yearly to see how you are doing and share any resources that may help in your next chapter.

Frequently Asked Questions About Prenuptial Agreements

Does bringing up a prenup mean my fiancé doesn’t trust me or thinks the marriage will fail?

No, and this is one of the most common worries we hear. A prenup is closer to homeowners insurance than a prediction of failure. You buy insurance hoping you never use it, and the same logic applies here. Couples who talk openly about money, debt, and financial expectations before marriage tend to have stronger communication after the wedding.

My fiancé makes way more than I do. Should I be worried about signing a prenup they’re asking for?

Not necessarily. Concern is reasonable, but a prenup does not have to be one-sided, it should be fair. Texas requires full financial disclosure from both parties, and courts will not enforce agreements that are unconscionable, unethical, or signed under pressure. You should have your own attorney review anything before you sign, never capitulating to the same lawyer your fiancé uses.

Can a prenup include anything about future children, custody, or child support?

No, and this confuses a lot of couples. Texas courts will not enforce prenup provisions about child custody, visitation, or child support because those decisions must be made based on the best interest of the child at the time of divorce. Anything you put in the agreement on these topics is essentially unenforceable.

What happens to my business if I get married in Texas without a prenup?

Texas is a community property state, which means income earned during the marriage and any growth in business value tied to your efforts during the marriage can become community property. Your spouse may be entitled to a portion of that increase even if the business existed before the wedding. This gets especially messy for professional practices, partnerships, and closely held companies where valuation becomes a challenge.

Can we write the prenup ourselves using a template we found online?

Technically yes, but it is one of the riskiest financial decisions you can make. Texas has specific requirements around disclosure, voluntariness, and language that templates rarely capture correctly. You don’t know what you don’t know. We have seen DIY agreements thrown out entirely because they missed a key formality, lacked proper financial disclosures and identification, or failed the unconscionability standard. The cost of drafting a proper prenup is small compared to litigating over an improper one during divorce.

What if my fiancé refuses to sign a prenup? Is that a dealbreaker?

Some people associate prenups with distrust, and a calm conversation focused on protecting both partners can change minds. Others may have legitimate concerns about specific terms, which means the document needs revision rather than rejection. If your fiancé refuses to discuss finances at all before marriage, that is worth paying attention to and may be a sign of communication trouble ahead.

Will a Texas prenup hold up if we move to another state later?

Most states will honor a properly executed Texas prenup under their own contract and family law principles, but enforcement is never guaranteed. Some states have stricter rules about spousal support waivers or disclosure than Texas does. If you know you may relocate for work or family reasons, your attorney can draft the agreement to comply with both jurisdictions.

What Clients Say About Hargrave Family Law

“The staff here was always responsive, clear in their communication, and truly made a difficult process much easier for everyone involved.” – Jeremy Y.

“Hargrave law firm handled my case with precision and in a timely manner.” – Keri H.

“They were personable, caring, thorough and have been amazing all around.” – Liz R.

“They were very patient with me and fought hard to get me what I wanted.” – Daine C.

Local Resources in McKinney

Collin County Clerk Marriage Licenses: marriage license applications, certified copies, and premarital education discount information for couples marrying in McKinney or Collin County.
Collin Central Appraisal District: property ownership, appraisal values, exemptions, and tax records for McKinney and Collin County real estate.
Collin CAD Property Search: online property search by owner, address, or property ID, useful for verifying real estate values and ownership before drafting a prenup.
Collin County District Courts: local court system for family law matters, including disputes that may later involve property division, premarital agreements, or divorce.
Collin County Case Information Search: online access to active and historical civil, family, probate, and other case records that may be relevant when reviewing prior litigation, divorce history, or financial disputes.
Collin County Public Records Office: county resource for deeds, foreclosures, liens, marriage licenses, birth certificates, vital records, and assumed name or DBA filings.
Collin County Tax Assessor-Collector Property Tax Office: property tax information and ownership-related tax records that may help document real estate obligations before marriage.
Texas Secretary of State Business Organizations Search: statewide business entity records, useful for identifying LLCs, corporations, partnerships, and ownership structures that should be addressed in a prenuptial agreement.

Reach Out To Us Today

Ready to protect your future before you say I do? Reach out to Hargrave Family Law to request a complimentary case evaluation with our Client Intake Specialist. We will listen to your situation, explain your options, and help you decide on next steps.

Reach out, we’re here to help.

Contact Us

Call Our Office With Any Questions or To Schedule a Complimentary Case Evaluation

Call Hargrave Family Law

How We Support our clients

PERSONALIZED GUIDANCE
We provide clear, strategic legal guidance designed to protect your interests and help you move forward with confidence and peace of mind.
EXTENSIVE EXPERIENCE
We draw on extensive family law experience to protect your interests and strategically advocate for the future you’re envisioning.
ADVOCACY FOR CHILDREN
We provide compassionate, strategic advocacy for parents. ensuring the child’s well-being is considered and remains at the heart of every decision.
ASSET PROTECTION
We provide thoughtful, strategic counsel to safeguard your assets and secure the financial foundation for your next chapter.
BUSINESS OWNERS
We offer strategic guidance tailored to business owners, protecting both personal and professional interests while preserving the value you’ve worked hard to build.
CREATIVE SOLUTIONS
We craft creative, customized solutions that honor your family’s unique needs while protecting what matters most.

Choosing an experienced Attorney

Navigating divorce can be overwhelming, but with Hargrave Family Law, you don’t have to face it alone. Our experienced Dallas family law team is dedicated to guiding you through every step of the process, offering the clarity, compassion, and advocacy you need to move forward with confidence. We focus exclusively on family law, helping clients begin anew with dignity and hope. We invite you to schedule a complimentary case evaluation, where our Client Intake Specialist will listen to your concerns, discuss your goals, and help you explore your options—empowering you to make informed decisions and start writing the next chapter of your life.

Meet them All

Smiling woman in glasses and black jacket indoors

Jennifer Hargrave

Owner & Managing Partner

Professional woman in navy dress, office background

Misty Cole

Senior Attorney

Smiling woman with short gray hair indoors

Donna Tomlinson

Senior Attorney

Katherine Zimmermann

Senior Attorney

Smiling professional woman in office building lobby

Hannah Rector

Senior Attorney

Smiling professional woman in office setting

LaQuisha Batson

Associate Attorney

Carie Silvestri

Of Counsel

additional resources

Don’t Face This Alone

Part of our mission is to offer the resources you need to move forward and reclaim peace. We invite you to explore the wealth of resources and information available from our dedicated Dallas family law team. We’ve listed just a few below.

View all resources

FAQ

Have questions? we have answers

Will my spouse find out if I contact a divorce attorney?
The fact that you have reached out to contact a divorce attorney is privileged information and should remain protected. If you are concerned that your communications are being monitored, you need to bring that to your attorney’s attention right away, so we can help you protect your communication for that initial contact. I would recommend that you go ahead and use a phone that your spouse doesn’t have access to. If you have a phone at work or a friend’s phone, that can be helpful. Also, you may want to set up another email account that you can use for communication with your attorney. We want to make sure that all of your communication throughout the divorce process remains privileged and protected.
What is common law marriage (in Texas)?
It is quite possible to be married, even if you never had a formal marriage ceremony, you didn’t go to the courthouse, and you didn’t sign a marriage certificate! Marriage can come about by what’s called a “common law marriage.” So, if you live together, and you intended to be married, and you held yourselves out to other people as married, then you may in fact be married. That means if the marriage has come to an end, the relationship has come to an end, and you may also need a divorce in order to bring an end to that relationship. If you have any questions about whether you are married under the laws of Texas, we’d love to talk with you and help you figure out whether your next step is to file for divorce.
Do I need a premarital agreement?
If you are preparing for marriage, you may want to consider a premarital agreement as part of your marriage planning. Many people have the mistaken notion that a premarital agreement is simply planning the divorce before the marriage. And I’m going to tell you in my experience that simply isn’t the case, whether you’re in Texas or you’re in any other state, that state is going to impose rights and responsibilities with regard to your marital property. Wouldn’t you rather sit down with your intended spouse and talk about what those rights and responsibilities are, where the two of you are actually making the decisions about how you’re going to hold that property. If you own a business, if you have children from a prior marriage, if you have significant assets that you’re bringing into the marriage, or your partner has significant assets that a premarital agreement may be right for you at Hargrave Family Law, we like to work with our clients to make sure that the premarital agreement is a constructive part of marriage planning in Texas.
What grounds do I need to file for divorce (in Texas)?
In the state of Texas, couples no longer have to go through the painful process of proving grounds in order to get a divorce. In fact, Texas is a no-fault state, which means you simply have to show that the marriage has become insupportable, or in other words, the marriage is broken. Does that mean there aren’t reasons for the divorce? Of course not. There are always reasons for divorce. We no longer have to prove those reasons. At Hargrave Family Law, we know if you’ve been living in a broken marriage, it’s been a painful journey, and we want to help you bring us into that journey so you can start the next chapter of your life.
What is collaborative divorce?
A collaborative divorce allows couples who are beginning the divorce process to make the commitment to each other that they’re going to work together to resolve the issues that need to be settled. Instead of going to court and litigating the issues in front of the judge, they’re going to work with a team of dedicated professionals, including their lawyers, a mental health professional, and a financial professional who are all committed to helping them reach a final resolution. We find that our clients who engage in the collaborative divorce process enjoy the perfect privacy it provides for their families, and they enjoy the control. So there isn’t somebody else who’s making these decisions for them. And they also enjoy a stronger co-parenting relationship after the divorce is finalized.
Can I modify my custody agreement?
In the state of Texas, it is possible to modify the provisions of the original order. In order to do so, we need to show the court that there’s been a material and substantial change in circumstances. This applies whenever we’re changing child support.
- If somebody’s got a new job, and they’re making a significant amount of money, then it may be time to modify.
- If a parent has moved out of state, it may be time to modify the possession schedule,
- or if the parents are no longer able to reach agreements for any number of reasons regarding important aspects of the child’s care, then again, that may be time to modify.
In order to determine whether you’re eligible for a modification, you’ll need to meet with an attorney and see if your circumstances meet the threshold requirements in order to request the court for change, or the parties may simply agree to the changes in which case most of the time, the court will adopt those changes.
Should I empty our bank account before filing for divorce?
Emptying a bank account before filing for divorce will have serious consequences and will most certainly increase the tension and conflict in your divorce process. Before taking such a step, we strongly urge you to talk with your lawyer and make sure you’ve considered all your options. What we don’t want to do is take a step early on in the process that can make negotiating a desirable settlement, more difficult, if not impossible, later on.

You should also read this post on addressing your finances in a divorce.
I’m concerned my spouse will be abusive to our kids, what can I do?
If there has been any history of abuse in your home, whether that abuse has been directed against you or your children or any other family member for that matter, you need to take steps to put a safety plan in place as you prepare to leave your marriage.

We know that the decision to divorce is a very difficult one, especially if you’ve been in an abusive relationship. We also know that there is a heightened risk associated with the decision to divorce. We’re going to help protect you and make sure that there are safety measures in place so that you don’t have to risk hurting yourself or your children in the divorce process.
I was just served divorce papers. What should I do?
Being served with divorce papers can be a scary and intimidating time for many people. Not surprisingly when it comes to questions about divorce, we get this one a lot! The first thing you need to do is simply take a breath. You’re going to be okay. Divorce is a legal proceeding. And being served with papers is simply the formal way that your spouse lets you know that he or she has initiated that process.

Second, you’re going to find in the petition that there may be standing orders or a temporary restraining order. These are important to pay attention to because they may limit what you’re able to do – with your finances, for example.

There are other guidelines that are set forth in those orders that are very important, and you need to pay attention to them. Also, there’s a timeline that comes with the service of process, and that means that you need to get an answer on file. And there also may be a hearing date that’s scheduled. The very best thing you can do right now is to pick up the phone and contact a lawyer, so you can learn more about what this means for you.
I’ve decided to file for divorce, what can I do to prepare?
If you are in a broken marriage, and you’ve decided to file for divorce, the very best thing you can do to help prepare for that divorce is to gather information. First, you’re going to want to gather information about your household finances and understand where your accounts are.

If you have a financial advisor, take time to meet with him or her. Get copies of tax returns, and now is also a great time to get a copy of your credit report. In addition to financials, you want to make sure that you’re taking care of yourself emotionally. And by that, I mean take time to do the things that you love to do, spend time with people who love and support you. And finally, when it comes to preparing for divorce, one of the most important steps you can take is to meet with a divorce lawyer who can help you plan for the divorce and make sure you understand and know all your options.
How can I tell my spouse I want a divorce?
Having decided you want a divorce, your first big challenge is how to break the news to your spouse. Check the post, Honey, I want a Divorce for tips on making the divorce conversation easier.
How long does it take to get divorced (in Texas)?
In Texas, just because you file for divorce doesn’t mean you have to get a divorce. Sometimes couples are able to reconcile in the divorce process. If that’s something that you think might be an option, we want to know that early on, so we can help you select a process that provides the space for that to happen. And we can also put you in touch with resources that we think may be helpful.

You can also read te post How long does it take to get divorced in Texas?
Can I spy on my spouse during the divorce?
Before you take any steps, to spy on your spouse, whether you are installing a GPS tracker, you’ve got keylogger software, or you have any listening devices in your home, you need to make sure you speak with a lawyer. So many of these techniques for getting information about your spouse without their permission are illegal and can actually cause harm to your legal case. We want to make sure you get all the information that you need in the legal avenues that are available so that you can have the very best outcome possible.
How can I make divorce easier on my kids?
If you are beginning the divorce process, the very best thing you can do for your children is to let them know that they are loved by you and by the other parent. Here are some tips we found to help make divorce easier on your children.
- Keep your routines as stable and steady as possible
- Remind them that they are loved by both parents and be supportive of the children’s relationship with the other parent.
- Make sure you’re not disparaging or discouraging the other parent,
- Make sure your child has time to do the things they love to do and to spend time with their friends and their family members.
- And finally, if you find that your kiddos are experiencing disruption in their sleep or eating patterns or that they’re experiencing sadness, this is a great time to get a child therapist involved to help support your child.
You should also read Breaking the News: & Tips for Telling Your Kids About Divorce and find out more information on parenting through divorce on our blog.
Can I date during my divorce?
When facing divorce, it’s understandable that you may want to move on to your next stage in life as quickly as possible. Maybe you’ve found a companion you’d like to spend time with while your divorce is concluded. Divorce attorney Jennifer Hargrave discusses the legality of dating after filing for divorce and how to tell if you are in a common-law marriage in the state of Texas.