Prenup & Postnup
Attorney in Phoenix, AZ
Prenuptial, postnuptial, and cohabitation agreements in Phoenix let engaged, married, and unmarried couples decide in writing how property, debts, and support will be handled, instead of leaving those choices to Arizona community property law. Without one, Arizona treats most of what spouses earn and buy during marriage as shared, 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. Francisca F. Manchac has drafted marital agreements for more than 17 years, and she has litigated her own prenuptial agreement, so she writes every agreement with the courtroom in mind. Each one carries a flat fee starting at $1,500. Call (832) 263-0935 to schedule a free consultation.
Francisca F. Manchac, Esq., Managing Attorney | Licensed in Arizona and Texas | Last Updated: October 2026

Key Takeaways
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Arizona doesn't recognize common-law marriages formed here, so living together in Phoenix doesn't give either partner a spouse's property rights.
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In Arizona, income from separate property, such as rent from a house you owned before the wedding, generally stays separate.
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No Arizona prenup can reduce child support or decide custody and parenting time.
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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 or Postnup in Phoenix?
You need a marital or cohabitation agreement when Arizona's default rules wouldn't treat your property, debts, or income the way you and your partner want. A prenup isn't a prediction that a marriage will fail. It's a written plan for money that you both agree to while things are going well.
Engaged Couples
Set clear rules for savings, debts, and future income before the wedding, whatever your net worth.
Business Owners & Founders
Decide whether a company's growth during the marriage is shared and how it would be valued.
Remarrying Parents
Protect what you built before and make sure it reaches your children from a prior relationship.
Unmarried Partners
Put ownership of a shared home, bills, and pets in writing, since Arizona has no common-law marriage.
Prenuptial, Postnuptial & Cohabitation Agreement Services in Phoenix
Marital and cohabitation agreements in Phoenix 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 Arizona law for a flat fee.
Prenuptial Agreements in Phoenix
A prenuptial agreement, which Arizona law calls a premarital agreement, is signed before the wedding and takes effect when you marry. It decides which property stays yours, which becomes shared, and how both would be divided if the marriage ends. Under Arizona's premarital agreement law, 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 Phoenix
A postnuptial agreement is signed after the wedding, often after a new business, an inheritance, a move to Arizona, or a large purchase. Arizona now holds postnups to a stricter standard than prenups. Since September 12, 2026, a postnup can be set aside if it was signed without full knowledge of the property and rights involved, or if its terms aren't fair and equitable. Careful disclosure and balanced terms matter more here than in any other agreement Francisca drafts.
Cohabitation Agreements in Phoenix
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. Arizona courts can enforce implied or oral agreements between partners, which invites disputes over what was promised. A written agreement replaces guesswork with clear terms you both signed.
Prenups for Remarriage & Blended Families in Phoenix
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 Phoenix estate plan so both documents point the same direction. Francisca has been married twice, so she knows these conversations firsthand.
Separate Property, Business & Inheritance Protection
Your separate property in Arizona is what you owned before marriage, plus gifts and inheritances you receive during it. Arizona also treats the rents and profits from separate property as separate, which is more protective than Texas. The risk is mixing. When separate and shared money land in the same accounts, or when your work during the marriage grows a business you owned before, your spouse can gain a community claim. At divorce, Arizona divides community property equitably, and anything you can't trace may be treated as shared. A prenup or postnup closes those gaps. It can confirm what stays separate, set how a business will be valued, decide whether growth during the marriage is shared, and protect a future inheritance. Business owners often pair these terms with asset protection planning in Phoenix.
Prenup & Postnup Review in Phoenix
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.
Why Choose The Law Offices of Francisca Manchac, PLLC for Prenuptial, Postnuptial & Cohabitation Agreements
Few Phoenix 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.
Her practice also covers estate planning, business law, and real estate, so one attorney can connect your agreement to your trust and your company. Every agreement carries a flat fee, and you work with Francisca directly from first call to final signature. She's licensed in Arizona and Texas, which helps couples who move between the two states. She received the Avvo Clients' Choice Award 2026.
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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
Why Hiring a Prenup Attorney Matters
A prenup only protects you if it holds up years later. Most agreements fail because of how they were made, not what they say.
What Goes Wrong Alone
A last-minute signing, missing disclosure, or vague terms like "the business" give a spouse room to challenge the agreement.
What Experience Adds
An attorney documents disclosure, sets a signing timeline, and writes terms that meet Arizona's prenup and postnup standards.
How Outcomes Differ
A clear agreement settles questions in an afternoon. A defective one can lead to years of litigation over the assets it was meant to protect.
Who This Process
Involves
A strong agreement needs both partners fully informed and fairly represented. Each person below has a defined role.
Francisca F. Manchac
Advises one partner, drafts or reviews the agreement, and explains every clause in plain language.
You
Share your goals, assets, debts, and income, then review and sign.
Your Partner
Shares the same financial information so both of you sign with full knowledge.
Your Partner's Attorney
Advises your partner independently and negotiates changes to the draft.
Your CPA or Advisor
Helps value a business, accounts, or property for the disclosure.
What Your Prenup or Postnup Includes
Every agreement gives you a signed document written for your assets and your plans. It also gives you something harder to measure: both of you know the rules before money questions come up.
What You Receive
- Signed Agreement: Terms for property, debts, business interests, and spousal maintenance, written under Arizona law.
- Documented Disclosure: A written record that each partner shared assets, debts, and income before signing.
- Plain-Language Walkthrough: A clause-by-clause review so you know what you're agreeing to.
- Estate Plan Coordination: Terms that line up with your will or trust, when you have one.
What You Avoid
- Default Division: A judge splitting community property under Arizona's rules instead of yours.
- Pressure Claims: A challenge that you signed in a rush right before the wedding.
- Vague Terms: Years of argument over what “the business” or “the house” meant.
- Commingling Disputes: Fights over which money was separate once accounts mixed.
Arizona Rules That Shape Your Agreement
Arizona's rules for marital and cohabitation agreements differ from Texas and many other states. These three shape most Phoenix agreements.
Sept. 12, 2026: Arizona's New Postnup Standard
Arizona's postnuptial agreement law now sets a higher bar than the prenup rules. A postnup can't be enforced if it was affected by fraud, coercion, or undue influence, signed without full knowledge of the property and rights involved, or isn't fair and equitable. That means complete disclosure and balanced terms are required, not just recommended.
0 Common-Law Marriages: Living Together Isn't Marriage
Arizona doesn't create common-law marriages, no matter how long a couple lives together. It does recognize one validly formed in a state that allows it, such as Texas. Unmarried Phoenix partners get no automatic spousal property rights, but courts can enforce implied agreements between them, which is why a written cohabitation agreement matters.
1 Exception: Spousal Maintenance Waivers
An Arizona prenup can limit or waive spousal maintenance, with one exception. If the waiver would leave a spouse eligible for public assistance when the marriage ends, a court can order enough support to prevent that. Agreements that plan for this exception hold up better than ones that ignore it.
What Happens After You Call The Law
Offices of Francisca Manchac, PLLC
Your agreement moves through four steps, from a free video consultation to a final signing, with one flat fee quoted up front.
01
Free Virtual Consultation
Book a Prenuptial or Postnuptial consultation and complete the intake form at least 24 hours ahead. Francisca learns your goals and recommends the right agreement.
02
Engagement and Flat Fee
You receive your flat fee before work begins. Representation starts when you sign an engagement agreement.
03
Disclosure and Drafting
Both partners share assets, debts, and income. Francisca drafts the agreement, and your partner's attorney reviews it.
04
Review and Signing
Francisca walks you through every clause, handles revisions, and coordinates a signing well before the wedding.
Common Questions About Prenups and Postnups in Phoenix
Something else on your mind? Call or text (832) 263-0935.
How much does a prenup cost in Phoenix?
Francisca drafts prenuptial and postnuptial agreements for a flat fee starting at $1,500. You'll know the full fee before work begins, so there's no hourly billing for calls or emails. The exact fee depends on what the agreement covers, such as a business, several properties, or detailed spousal maintenance 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.
How long does the process take?
Plan for weeks, not days, and start as soon as you're engaged. The process includes a consultation, financial disclosure from both partners, drafting, review by your partner's attorney, and any revisions. [CONFIRM: typical time from engagement to signing.] Timing matters for more than convenience. An agreement signed in the final days before a wedding gives a spouse an argument that they didn't sign voluntarily. The firm recommends finishing well before the wedding, so neither of you feels rushed.
Is an online form or DIY document enough?
An online prenup gives you a document, not advice. A template can't tell you what Arizona law gives you by default, what rights you're giving up, or whether your partner's disclosure is complete. Many forms are written for no state in particular and miss Arizona rules, such as the public-assistance limit on spousal maintenance waivers. They also rarely handle real-life details like a business, a home under construction, or children from a prior marriage. If the agreement fails, it fails when you need it most.
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 the money talk they dreaded brings them closer, because it puts expectations on the table early. A consultation can help too, since Francisca can explain Arizona's default rules so you both start from the same facts.
Is a prenup worth it if we don't have much money yet?
Yes. A prenup often matters most for couples 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 starts later will be shared. It can also protect a future inheritance. Without an agreement, Arizona community property law decides those questions, and the answer may not match what either of you expected.
Can an Arizona prenup limit or waive spousal maintenance?
Yes, with one important limit. Arizona lets a premarital agreement modify or eliminate spousal maintenance. But if the waiver would leave a spouse eligible for public assistance when the marriage ends, a court can still order enough support to prevent that. 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. Child support is different. No agreement can reduce what a child is owed.
Does my partner need their own lawyer?
Arizona law doesn't require it, but the firm strongly recommends it. When both partners have independent counsel, it's 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, and suggest changes. If your partner's attorney drafts the agreement, Francisca can serve as your reviewing attorney instead.
Can we change or cancel a prenup after the wedding?
Yes, but only in writing. After you marry, an Arizona premarital agreement can be amended or revoked only by a written agreement signed by both spouses. Review your agreement after major life changes, such as a new child, a new business, a large inheritance, or a move. Keep in mind that changes made during the marriage may be judged under Arizona's newer postnuptial standard, which requires full knowledge and terms that are fair and equitable. Francisca can review your existing agreement and recommend the right way to update it.
Is a prenup from Texas or another state valid in Arizona?
Usually, yes. Arizona courts generally enforce a premarital agreement that was valid where it was signed, and many agreements include a clause choosing which state's law applies. Arizona public policy limits still apply, such as the rule that an agreement can't reduce child support. Couples who moved to Phoenix should have their agreement reviewed, especially if it was written for a state without community property or relies on rules that differ here. Francisca is licensed in both Arizona and Texas, which helps when an agreement crosses those two states.
Can the whole process happen virtually?
Yes. The Law Offices of Francisca Manchac, PLLC is a virtual firm, so your consultation happens by video. You upload financial documents online, review drafts on screen in plain language, and text the office when questions come up. That makes it easy for couples across Maricopa and Pinal Counties, and anywhere in Arizona, to finish an agreement around work schedules and wedding planning. Francisca coordinates the final signing, and the details are set when you engage the firm.
Areas We Serve
The Law Offices of Francisca Manchac, PLLC serves engaged, married, and unmarried couples across Maricopa and Pinal Counties, and anywhere in Arizona by video. Consultations, drafts, and reviews happen online, so you can finish your agreement around work and wedding planning without an office visit.

Speak With a Prenup Attorney in Phoenix
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 or book online.
