79R128 KSD-F
By: Dutton H.B. No. 1175
A BILL TO BE ENTITLED
AN ACT
relating to the modification or elimination of spousal maintenance
by the parties to a premarital agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.003(a), Family Code, is amended to
read as follows:
(a) The parties to a premarital agreement may contract with
respect to:
(1) the rights and obligations of each of the parties
in any of the property of either or both of them whenever and
wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange,
abandon, lease, consume, expend, assign, create a security interest
in, mortgage, encumber, dispose of, or otherwise manage and control
property;
(3) the disposition of property on separation, marital
dissolution, death, or the occurrence or nonoccurrence of any other
event;
(4) the modification or elimination of spousal
support, except that the parties may not agree to modify or
eliminate spousal support that may be ordered as maintenance under
Subchapter B, Chapter 8;
(5) the making of a will, trust, or other arrangement
to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the
death benefit from a life insurance policy;
(7) the choice of law governing the construction of
the agreement; and
(8) any other matter, including their personal rights
and obligations, not in violation of public policy or a statute
imposing a criminal penalty.
SECTION 2. The change in law made by this Act applies only
to a premarital agreement entered into on or after the effective
date of this Act. A premarital agreement entered into before the
effective date of this Act is governed by the law in effect on the
date the agreement was entered into, and the former law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.