Houston Prenuptial, Postnuptial & Cohabitation Agreement Attorney
Prenuptial, postnuptial, and cohabitation agreements in Houston let engaged, married, and unmarried couples decide in writing how property, debts, and support will be handled, instead of leaving those choices to Texas community property law. Without one, Texas presumes that what spouses own when a marriage ends belongs to both of them, and a judge divides it.
Maybe you own a business, expect an inheritance, or have children from a prior relationship. Maybe you just want an honest money conversation before the wedding. A written agreement under Chapter 4 of the Texas Family Code records what each partner brings, what stays separate, and what happens if the relationship ends. Francisca F. Manchac has drafted marital agreements for more than 17 years, and she has litigated her own prenuptial agreement. She writes every agreement with the courtroom in mind. Each one carries a flat fee starting at $1,500. Call (832) 263-0935 for a free 30-minute virtual consultation.
Francisca F. Manchac, Esq., Managing Attorney | Licensed in Texas since 2009 | Last Updated: October 2026
Key Takeaways
A Texas prenup cannot reduce a child's right to support, and it does not decide custody or parenting time.
In Texas, a cohabitation agreement between unmarried partners must be in writing and signed by both partners to be enforced.
Texas recognizes informal (common-law) marriage, so a Houston couple who lives together and presents as married may already be married under state law.
Francisca represents one partner, and the firm recommends independent counsel for the other, which makes the agreement much harder to challenge later.
Who Needs a Prenup, Postnup, or Cohabitation Agreement in Houston?
You need a marital or cohabitation agreement when Texas default rules would not treat your property, debts, or income the way you and your partner want. Houston clients who use them include:
- Business owners and founders whose company may grow during the marriage
- Parents with children from a prior marriage or relationship
- Homeowners and real estate investors, including people with a home under construction
- People expecting an inheritance or carrying large debts or student loans
- Professionals and creators whose income comes from ideas, expertise, or a brand
- Unmarried partners who share a home, a mortgage, or a pet
Prenuptial, Postnuptial & Cohabitation Agreement Services in Houston
Marital and cohabitation agreements in Houston fall into three types: prenups signed before the wedding, postnups signed during the marriage, and cohabitation agreements for unmarried partners. Each one below is drafted under Texas law for a flat fee.
Prenuptial Agreements in Houston
A prenuptial agreement, which Texas law calls a premarital agreement, is signed before the wedding and takes effect on the day you marry. It decides which property stays yours, which becomes shared, and how both would be divided if the marriage ends. Under the Texas Family Code, a prenup must be in writing and signed by both partners, and it needs no exchange of money to be valid. Francisca drafts each agreement around your real assets, debts, and plans, not a fill-in template.
Postnuptial Agreements in Houston
A postnuptial agreement is signed after the wedding, often after a new business, an inheritance, a move to Texas, or a large purchase. Texas handles most postnups as partition or exchange agreements, which let spouses turn community property into separate property, now or in the future. Like a prenup, a Texas partition agreement must be written and signed by both spouses, and it is enforceable without consideration. Courts use the same test to set one aside.
Cohabitation Agreements in Houston
A cohabitation agreement sets the terms for unmarried partners who share a home. It covers who owns the house or condo, how rent, mortgage, and bills are split, what happens to joint purchases and pets, and how property is divided if you separate. Texas only enforces a promise made in exchange for living together if it is written and signed, so a verbal deal offers little protection. The agreement can also state that you don't intend to be married, which matters under Texas informal marriage law.
Prenups for Remarriage & Blended Families in Houston
A prenup for a second marriage protects what you built before and the children you want it to reach. Without one, assets can blend over the years and become hard to trace, and a new spouse may gain rights that compete with children from a prior relationship. The agreement can keep a home, retirement accounts, or a family business on a separate track. It can also line up with your Houston estate plan, so your prenup and your will or trust point in the same direction. Francisca has been married twice, so she knows these conversations firsthand.
Separate Property, Business & Inheritance Protection
Your separate property in Texas is what you owned before marriage, plus gifts and inheritances you receive during it. The problem is what that property earns. Texas treats income from separate property as community property. Rent from a house you owned before the wedding, dividends from your own brokerage account, and profits you take from your business all become shared by default.
Over time, separate and shared money mix in the same accounts. At divorce, anything you can't trace back is presumed to be community property, and you must prove a separate claim by clear and convincing evidence.
A prenup or postnup closes those gaps. It can state that income from your separate property stays separate. It can set how a business will be valued and whether growth during the marriage is shared. It can also confirm that a future inheritance remains yours. Business owners often pair these terms with asset protection planning in Houston so the agreement and the company's structure work together.
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Prenup & Postnup Review in Houston
A prenup review gives you an independent read of an agreement your partner's attorney drafted. Francisca explains each clause in plain language, flags terms that waive rights you may not expect to lose, and suggests changes before you sign. Having your own attorney creates a clear record that you signed knowingly and voluntarily, which protects both of you.
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Why Choose The Law Offices of Francisca Manchac, PLLC for Prenuptial, Postnuptial & Cohabitation Agreements
Few Houston attorneys have seen a prenup from the other side of the courtroom. Francisca has, because she litigated her own. That experience shapes how she drafts: specific valuation terms, documented disclosure, and signing schedules that leave no room for a pressure claim.
She has focused on marital agreements, business agreements, real estate, and estate planning for more than 17 years. That means one attorney can connect your prenup to your company's documents and your estate plan. You work with Francisca directly from the first call to the final signature. Bitsy Deubler, the firm's Legal Operations and Client Experience Specialist, keeps each step on schedule.
Every agreement carries a flat fee, so you know the cost before work begins. You can upload documents online and text the office with questions. Francisca is a recipient of the Avvo Clients' Choice Award 2026.
“
Francisca really listened and helped me to understand what I needed to include in my prenup. I really appreciated being able to text the office when I had a question.
- Christine
Why Hiring a Prenup Attorney Matters
A prenup only protects you if it holds up years later, and most agreements fail because of how they were made, not what they say. These are the defects that sink agreements in Texas:
A last-minute signing
An agreement presented days before the wedding invites a claim that one partner didn't sign voluntarily.
Missing disclosure
One partner leaves out assets or debts, and the other never waives disclosure in writing.
Vague terms
Words like "the business" or "the house" leave a judge to guess what you meant, especially for a home still under construction.
Will a Prenup Hold Up in a Texas Court?
A Texas prenup holds up unless the spouse challenging it proves one of two things: they didn't sign voluntarily, or the agreement was unconscionable when signed and they also received no fair disclosure, never waived disclosure in writing, and had no adequate knowledge of the other's property. That test comes from Chapter 4 of the Texas Family Code, and it applies to postnuptial partition agreements too.
Voluntary Signing: Why Timing Matters
The firm recommends finishing your agreement well before the wedding. A signing squeezed into the final days, with deposits paid and guests booked, gives a spouse a ready argument that they felt pressured. Build the agreement into your wedding timeline the same way you book the venue. Start with the consultation as soon as you're engaged.
Community Property: What Happens Without an Agreement
Texas is a community property state. Without an agreement, the law presumes that everything either spouse owns when the marriage ends is community property. In a Houston divorce, a family court in Harris, Fort Bend, or Montgomery County divides that property in a way the judge finds "just and right." The judge decides, not you. An agreement replaces that default with terms you and your partner chose together.
Informal Marriage: Living Together Can Create a Marriage
Texas recognizes informal (common-law) marriage. Under Chapter 2 of the Texas Family Code, a couple is married if they agree to be married, live together in Texas as spouses, and tell others they are married. Couples can also sign a declaration of informal marriage with the county clerk. Living together alone does not create a marriage. If you are informally married, though, community property rules already apply, and a cohabitation agreement won't take the place of a marital agreement. Francisca can help you sort out which agreement fits your situation.
What Can a Texas Prenup Cover?
A Texas prenup can decide almost any property or support question between spouses, but it cannot reduce a child's right to support. Section 4.003 of the Texas Family Code lists what an agreement may address.
In practice, a Houston prenup or postnup can cover:
- Property and assets: Who owns what now and later, including homes, homes under construction, and retirement accounts
- Debts: Who pays debts brought into the marriage or taken on during it, including student loans
- Business interests: Ownership, how value is measured, and whether growth during the marriage is shared
- Intellectual property:Future income from ideas, a brand, or creative work
- Spousal support: Limits, waivers, or a springing alimony clause that only takes effect if set conditions occur
- Rights at death: What each spouse receives, coordinated with your will, trust, and life insurance
A prenup cannot include:
- Child support terms that reduce what a child is owed
- Custody or parenting time, which Texas courts decide based on the child's best interest
- Rules for personal behavior, such as household duties or lifestyle requirements
What you get at the end is a signed agreement written for your assets and your plans. You also get something harder to measure: both of you know the rules before money questions come up, and your estate plan and your marriage agreement say the same thing.
Flat-fee Pricing
Prenuptial, postnuptial, or cohabitation agreement: from $1,500
What Happens After You Call The Law Offices of Francisca Manchac, PLLC
Your agreement moves through five steps, from a free video consultation to a final signing, with one flat fee quoted up front.
01
Free Consultation
Book a Prenuptial or Postnuptial consultation and complete the Client Intake Form at least 24 hours before your call. Upload any documents you already have. Francisca learns your goals, assets, and concerns, then recommends the right agreement.
02
Flat Fee Presented
You receive your flat fee before any work begins. Representation starts once you sign an engagement agreement, since the consultation alone doesn't create an attorney-client relationship.
03
Disclosure and Drafting
You list your assets, debts, and income, and your partner does the same. Francisca drafts the agreement, and Bitsy keeps the timeline on track so the signing lands well before the wedding.
04
Review and Revisions
Francisca walks you through every clause in plain language. Your partner's attorney reviews the draft, and Francisca handles requested changes until both sides agree.
04
Signing
Francisca coordinates the final signing so both partners sign the same clean, final version. You keep a copy, and the firm can connect the agreement to your estate plan or business documents.
Common Questions About Prenuptial, Postnuptial & Cohabitation Agreements in Houston
Something else on your mind? Call or text (832) 263-0935.
How do I bring up a prenup with my partner?
Bring it up early, privately, and as a planning conversation rather than a demand. Pick a calm moment well before wedding deadlines start piling up. Explain what you want to protect and why, whether that's a business, a home, or children from a prior relationship. Then ask what matters to your partner. Many couples find that the money talk they were dreading brings them closer, because it puts expectations on the table before they turn into arguments. A free consultation can help too. Francisca can explain how Texas law works by default, so both of you start from the same facts instead of from assumptions.
Can a Texas prenup limit or waive alimony?
Yes. Texas allows a premarital agreement to modify or eliminate spousal support. You and your partner can waive support, cap it, or set a fixed amount. Some couples use a springing alimony clause, which only takes effect if set conditions occur, such as one partner leaving a career to raise children. The waiver has to be signed voluntarily, and the whole agreement has to meet the Texas enforcement standard explained above. Child support is different. No agreement can reduce a child's right to support, so a prenup can address what spouses owe each other but not what parents owe their children.
Is a prenup worth it if we don't have much money yet?
Yes. A prenup often matters most for couples who are just getting started, because it sets the rules before assets and debts grow. It can keep student loans or credit card debt with the partner who brought them in. It can decide whether a business one of you launches later will be shared. It can also protect a future inheritance. Without an agreement, Texas community property law decides those questions for you, and the answer may not match what either of you expected. A prenup isn't a prediction that the marriage will fail. It's a written plan for money that you both agree to while things are going well.
Does a prenup expire or need to be updated?
A Texas prenup does not expire unless the agreement itself sets an end date or a sunset clause. It stays in force for the life of the marriage. After the wedding, you can amend or revoke a premarital agreement only through a new written agreement signed by both spouses. Review your agreement after major life changes, such as the birth of a child, a new business, a large inheritance, or a move to another state. An update keeps the terms in line with your life today and with your estate plan. Francisca can review an existing agreement and recommend whether a postnuptial agreement makes sense.
Does my partner need their own lawyer?
Texas law does not require each partner to hire a lawyer, but the firm strongly recommends it. When both partners have independent counsel, it is much harder for either one to claim later that they signed under pressure or didn't understand what they gave up. Francisca represents one partner in the process. Your partner should have their own attorney review the draft, explain it to them, and suggest changes. That extra step costs less than defending a challenged agreement years from now. If your partner's attorney drafts the agreement, Francisca can serve as your reviewing attorney instead.
Can we use an online prenup instead of hiring a lawyer?
You can, but an online prenup gives you a document, not advice. A template can't tell you what Texas law would give you by default, what rights you are giving up, or whether your partner's disclosure is complete. Many templates are written for no state in particular and miss Texas community property rules. Online forms also rarely address real-life details like a home under construction, a business with outside investors, or children from a prior marriage. If the agreement fails, it fails when you need it most. A flat-fee attorney-drafted agreement removes that risk at a known cost
How much does a prenup cost in Houston?
Francisca drafts prenuptial, postnuptial, and cohabitation agreements for a flat fee starting at $1,500. You'll know the full fee before any work begins, so there are no surprise invoices or hourly billing. The exact fee depends on the complexity of your assets, such as business interests, multiple properties, or detailed support terms. Your partner's independent attorney is a separate cost. The first step is free: a 30-minute virtual consultation where Francisca reviews your situation and quotes your flat fee. Call (832) 263-0935 to schedule it.
Can the whole process happen virtually?
Yes. The Law Offices of Francisca Manchac, PLLC is a virtual firm, so you don't need to visit an office to get your agreement done. Your consultation happens by video. You upload documents online, complete the intake form from home, and text the office when questions come up. Drafts and revisions are reviewed together on screen in plain language. Francisca coordinates the final signing with you and your partner, so the process fits around work schedules and wedding planning across Harris, Fort Bend, and Montgomery Counties.
Areas We Serve
The Law Offices of Francisca Manchac, PLLC serves Houston couples throughout the Houston area. The firm works with clients across Harris, Fort Bend, and Montgomery Counties. Consultations and reviews happen by video, so you can meet from home or work. Marriage licenses and declarations of informal marriage come from the county clerk, such as the Harris County Clerk. Visit the Houston office page to see every service available to Houston clients.
* This page provides general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. Attorney marketing.
Speak With a Prenup and Postnup Attorney in Houston
The best time to sign a marital agreement is well before the wedding, while neither of you feels rushed. Start with a free 30-minute virtual consultation with Francisca. Call (832) 263-0935 to book your time. You'll leave the call knowing your options, how Texas law treats your property today, and your flat fee. There's no obligation and no pressure to sign anything.