Separation Agreements in Texas

There is no provision for “legal separation” in the Texas Family Code. However, it is possible for spouses to contract for rights, duties, and obligations contained in a properly executed separation agreement.

For a separation agreement to be valid and enforceable, the separation agreement should:

1. Be in writing;
2. Signed by both spouses;
3. Entered into without coercion, duress, or undue influence;
4. Conform with the requirements for a Partition and Exchange Agreement if community property is intended to be divided and become each respective spouse’s separate property, and,
5. Be fair and equitable.

Both spouses must be living apart at the time of execution of the separation agreement or be living apart at the time one spouse seeks to enforce the terms of the separation agreement. A separation agreement executed or existing while the spouses are still living together is void as a matter of public policy.

Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.