Prenuptial Agreement Lawyer in Houston, TX
A prenuptial agreement lawyer in Houston drafts a written Texas agreement that decides, before you marry, which property stays yours, which becomes shared, and what happens to both if the marriage ends. Without one, Texas community property rules decide for you.
Maybe you own a business or a home, you're carrying debt, or you just want an honest money conversation before the wedding. Francisca F. Manchac has helped Houston couples for more than 18 years, and she has litigated her own prenuptial agreement, so she writes each one with the courtroom in mind. Call (832) 263-0935 to schedule a free consultation.
Francisca F. Manchac | Licensed in Texas since 2009 | Last Updated: October 2026

Key Takeaways
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Texas treats rent, dividends, and interest earned on separate property during marriage as community property unless a written agreement says otherwise.
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Francisca has litigated her own prenuptial agreement, and she drafts each Houston prenup to hold up if it's ever challenged in court.
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A Texas prenup can't reduce a child's right to support, and it doesn't decide custody or parenting time.
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The firm represents one partner and recommends independent counsel for the other, which makes the agreement much harder to challenge later.
Who Needs a Prenup in Houston?
You need a prenuptial agreement if you're getting married in Texas and want something other than community property rules to decide what's yours.
That includes Houston business owners, homeowners, parents with children from a prior relationship, people expecting an inheritance, and anyone bringing large savings or debts into the marriage. A prenup isn't only for the wealthy. Couples starting out often use one to keep student loans separate and set fair rules for future savings. Each one is drafted under Texas law as part of the firm's prenuptial, postnuptial, and cohabitation agreement services. The firm drafts, negotiates, and reviews agreements. It does not handle divorces, custody cases, or court challenges to an agreement, and it refers that work to trusted litigation counsel.
Common Situations Handled
Most Houston couples call when one of these situations makes the default rules feel risky.
Owning a Business
A company you start before marriage can still grow into shared property. A prenup can keep the business, and its growth, yours.
A Home or a Home Under Construction
A house you own, or one that's half built, needs clear valuation language. Without it, a simple question turns into a costly dispute.
Remarrying With Children
You want to protect what you've set aside for your kids. A prenup for a second marriage works hand in hand with your estate plan.
Student Loans or Other Debt
A prenup records who owes what going in. It can also set who pays debts taken on during the marriage.
An Expected Inheritance
An inheritance is separate property in Texas, but the income it earns isn't. A prenup can keep both separate.
Income From Ideas or a Brand
Creators, consultants, and professionals can address intellectual property and the future value of a practice or brand.
Why Hiring a Prenuptial Agreement Lawyer Matters
A prenup gets tested years later, often in front of a judge, and small drafting gaps decide whether it holds up. The time to close those gaps is before anyone signs.
What Goes Wrong Alone
A downloaded form skips disclosure schedules, gets signed days before the wedding, or uses vague terms for a house or business.
What Experience Adds
Francisca litigated her own prenup. She knows which clauses get attacked and builds the disclosure record that keeps an agreement enforceable.
How Outcomes Differ
A clear agreement keeps a divorce short and private. A weak one becomes the first thing both sides fight about.
“
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 · Prenuptial agreement client
Who Is Involved?
A prenup involves you, your partner, and two separate attorneys, each with a defined role. Here's who does what.
You
Share your goals and finances, and decide what you're asking for.
Your Partner
Shares their own finances and signs voluntarily after their own review.
Your Attorney
Francisca represents you, drafts the agreement, and negotiates changes.
Your Partner's Attorney
Reviews the draft for your partner and advises them independently.
Your CPA or Advisor
Helps value a business, accounts, or property for the disclosure schedules.
What Your Prenuptial Agreement Includes
Your engagement produces a signed Texas premarital agreement with full disclosure attached. You also get clarity: both of you know exactly what the agreement does before the wedding.
What You Receive
- Premarital Agreement: Sets separate and community property, debts, and division if the marriage ends.
- Financial Disclosure Schedules: List each partner's assets, debts, and income, attached to the agreement.
- Spousal Support Terms: Limit, waive, or set alimony, including springing clauses that apply only if set conditions occur.
- Estate Plan Coordination: Lines up the agreement with your will, trust, and beneficiary forms.
What You Avoid
- Default Community Rules: Texas law deciding what's shared instead of the two of you.
- Business Valuation Fights: Arguments over how much a company grew during the marriage.
- Debt Confusion: Disputes over who pays debts brought in or taken on later.
- A Drawn-Out Divorce: A long, public court fight over property you could have settled now.
Is a Prenup Enforceable in Texas?
Yes. A Texas prenup is enforceable when it's in writing, signed by both partners voluntarily, and not unfair in a way the other partner couldn't see coming. These three rules matter most for Houston couples.
2 Signatures: What Makes It Valid
Under Chapter 4 of the Texas Family Code, a premarital agreement must be in writing and signed by both partners. It needs no payment or exchange to be binding, and it takes effect the day you marry. After the wedding, you can change or revoke it only with another written agreement signed by both spouses.
2 Grounds: When a Texas Prenup Fails
A court won't enforce a prenup if a spouse proves they didn't sign voluntarily. It also fails if it was unconscionable when signed and that spouse got no fair disclosure of the other's property and debts, didn't waive disclosure in writing, and had no adequate knowledge of them. Full disclosure schedules close that door.
Community by Default: Income From Separate Property
In Texas, rent, dividends, and interest earned on your separate property during marriage are community property. A prenup can keep that income separate, which matters most for a rental home, an investment account, or a family business. Without that clause, separate assets can quietly build a shared pot.
What Happens After You Call The Law Offices of Francisca Manchac, PLLC
Your prenup moves through five steps, from a free video consultation to a signed agreement, with a flat fee set before work begins.
01
Free Consultation and Intake
Book a Prenuptial or Postnuptial consultation and complete the intake form at least 24 hours ahead. Francisca learns your goals and your timeline.
02
Financial Disclosure
You and your partner list your assets, debts, and income. Francisca turns them into schedules attached to the agreement.
03
Drafting and Review
Francisca drafts the agreement and walks you through every clause in plain language. You can text the office with questions.
04
Partner's Attorney Review
Your partner's own attorney reviews the draft, and Francisca negotiates any changes with them.
05
Signing Before the Wedding
You both sign well before the wedding, so no one can say they felt rushed or pressured.
Common Questions About Prenuptial Agreements in Houston
Something else on your mind? Call or text (832) 263-0935.
How much does a prenup cost in Houston?
Francisca drafts prenuptial agreements for a flat fee, so you know the full cost before work begins and never pay by the hour for questions or revisions within the scope you agree on. The fee depends on how much your agreement needs to cover, such as a business, real estate, a home under construction, or spousal support terms. Your partner pays their own attorney for an independent review. Your first step is a free 30-minute virtual consultation, where Francisca reviews your goals and quotes your flat fee.
How do I get a prenup in Texas?
You start by hiring an attorney to represent you, then share your finances with your partner. Your attorney drafts the agreement, attaches disclosure schedules listing each partner's assets, debts, and income, and sends the draft to your partner's attorney. The two attorneys negotiate any changes. When you both agree, you each sign the final agreement, ideally several weeks before the wedding. The agreement takes effect on your wedding day. With Francisca, the process runs by video from start to finish, with a coordinated signing at the end.
Can I write my own prenup in Texas?
Yes. Texas doesn't require an attorney to draft a prenup, and a written agreement signed by both partners can be valid. The risk is that do-it-yourself agreements tend to fail where it counts. They often skip disclosure schedules, use vague terms for a business or home, get signed in a rush before the wedding, or try to cover child support, which Texas won't allow. Any one of those gaps gives a spouse an opening to challenge the agreement later. A flat-fee agreement drafted by an attorney costs far less than litigating a weak one.
Does a prenup need to be notarized in Texas?
No. Texas law requires a prenup to be in writing and signed by both partners, and it doesn't require a notary to be valid. Notarizing is still a good idea. A notary's acknowledgment makes it harder for a spouse to claim they never signed, and it allows the agreement to be recorded in the county property records if it affects real estate, such as a Houston home that will stay separate property. Francisca coordinates signing so each signature is properly acknowledged.
Can you get a prenup after you're already married?
Not a prenup, but you can sign a postnuptial agreement with the same goals. Texas lets spouses sign a written agreement during the marriage to partition or exchange community property, so each spouse's share becomes separate. Couples often sign one after starting a business, receiving an inheritance, or realizing they skipped a prenup. Like a prenup, it must be signed voluntarily with fair disclosure. If you're engaged and the wedding is close, a postnup can be a better choice than rushing a prenup.
How far before the wedding should we sign a prenup?
Sign weeks before the wedding, not days. Texas has no fixed deadline, but timing affects whether a court believes both partners signed voluntarily. An agreement presented the night before the ceremony, after deposits are paid and guests have traveled, invites a claim of pressure. Francisca recommends starting as soon as you're engaged, which leaves time for disclosure, an independent review, and negotiation without anyone feeling rushed. Rushed signings are a frequent target when a prenup is challenged. If your date is close, ask about a postnuptial agreement instead.
Do we both need our own lawyers for a prenup?
Texas law doesn't require it, but the firm strongly recommends it. One attorney can't represent both partners in a prenup, because their interests differ. When each partner has independent counsel, it's much harder for either one to claim later that they didn't understand the agreement or signed under pressure. Francisca represents one partner and works with the other partner's attorney to reach terms you both accept. If your partner already has a draft from their lawyer, Francisca can review it for you.
Can a Texas prenup limit or waive alimony?
Yes. A Texas prenup can limit, waive, or set terms for spousal support if the marriage ends. Many couples use a springing clause, which pays support only if certain conditions occur, such as a divorce after a set number of years or if one spouse left a career to raise children. Clear support terms reduce one of the most common sources of conflict in a divorce. A prenup can't limit child support, and it doesn't decide custody. Francisca drafts support terms built to hold up if they're ever challenged.
What can't a prenup do in Texas?
A Texas prenup can't reduce a child's right to support, and it doesn't decide custody or parenting time. Courts decide those based on the child's best interest at the time. A prenup also can't require anything illegal or against public policy. Clauses about chores, weight, or other personal behavior generally won't be enforced and can make a court skeptical of the whole agreement. Everything else about property, debts, business interests, spousal support, and rights at death is fair game. Francisca explains which terms belong in your agreement and which don't.
What happens to our prenup if we never divorce?
It still matters. A prenup governs how you own and manage property during the marriage, and it can set what each spouse receives at death. That's why it should line up with your will, trust, and beneficiary forms. If you have children from a prior relationship, your agreement and a blended family estate plan work together to protect everyone. A prenup stays in effect for the whole marriage unless you both sign a written amendment or revocation. Review it with your estate plan after big life changes, such as a new child or a move.
Areas We Serve
The Law Offices of Francisca Manchac, PLLC serves engaged couples across Harris, Fort Bend, and Montgomery Counties from 3333 Allen Pkwy Unit 300, Houston, TX 77019, with consultations and drafting reviews by video. An agreement that covers a separate-property home can be recorded with the county clerk where the home sits, such as the Harris County Clerk's Office. Visit the Houston office page to see every service available to Houston clients.
Harris County
Fort Bend County
Montgomery County

Other Marital and Cohabitation Agreement Services We Offer
Get Started With a Prenuptial Agreement Lawyer in Houston
A prenup works best when you sign it well before the wedding, with time for both of you to review it. Start with a free 30-minute virtual consultation with Francisca. Call (832) 263-0935 or book online.
