A prenuptial agreement is a contract between two people who are about to enter into a marriage and prevents the establishment of community property. The Texas Family Code states that the agreement must be in writing, signed by both parties and is enforceable without consideration. While it becomes enforceable on the date of marriage and may be amended, a prenuptial agreement cannot address child support.

In Texas, the grounds for a divorce between a man and a woman may merely lie in the notion that the marriage has become "insupportable." After consulting with a licensed attorney, a pleading is filed in order to start the proceeding. An uncontested divorce may take approximately sixty days to finalize after a decree is signed by the judge at the final hearing.

The Texas courts use several factors in determining child custody. The best interest of the child shall always be the primary factor in this decision, without regards to the sex of the child or parent. Sole or joint custody may be awarded, but the presumption shall be for joint managing conservators. A finding of a history of family violence involving the parents of the children eliminates this presumption.

The Texas Family Code provides guidelines for calculating child support. The payor is required to provide monthly child support payments in addition to maintaining health insurance. The court may also require the payor to secure life insurance in order to cover the amount of child support that will become due until the obligation to pay child support terminates.

In Texas, informal agreements between parties to modify Child Support or Conservatorship (child custody) are not binding on the Court. However, all orders regarding children may be modified in the future. Either parent may file a petition with the Court to change conservatorship, time periods of possession, or child support until the child is emancipated.

The Court can always enforce an order relating to the conservatorship (child custody) or support of the children. Sanctions may follow for the non-payment of child support or if the parent fails to comply with the periods of possession. Such sanctions include imprisonment.