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Texas Law - Prenuptial Agreements Prenuptial agreements are generally enforceable in Texas. Texas has adopted the Uniform Premarital Agreement Act , which provides for the circumstances in which agreements are enforceable. Cases: Dokmanovic v.Schwarz (1994) 880 SW2d 272 (parties' prenuptial agreement specified that separate property would remain separate, and that income or increases of that property would remain separate. The court upheld the validity and enforceability of this agreement). Dewey (1988) 745 SW2d 514 (The husband, a radiologist earning over $200,000 a year, and his wife, a nurse, had signed a prenuptial agreement, which both agreed was valid. The issue was the interpretation of the agreement. The agreement had specified that the husband's professional corporation, and "profits, dividends, interest and proceeds" accruing from that corporation were husband's separate property. The court found that, despite this provision, salary paid from the corporation to husband was community property, not husband's separate property. It also found that the husband's rights to the corporation's pension plan were community property.)
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