Prenuptial Agreements

A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.

A Prenuptial Agreement (commonly called a prenup) is a domestic contract made between you and your future spouse before legally marrying. It outlines each partner’s financial rights and responsibilities if they divorce.

You cannot create a prenup after marriage. You may establish a separate property regime after marriage with court approval.

Couples often use a prenup to clearly define which property, assets, and debts are individually owned and which are shared. This helps ensure that both partners feel the division of property will be fair, especially when each has worked hard to build wealth before marriage.

A Prenuptial Agreement is also known as:

• Premarital Agreement
• Marriage Contract

What does a Prenuptial Agreement cover?

A Prenuptial Agreement generally covers how to divide an estate after a marriage ends by identifying shared and separate property.

Typically, separate assets remain with their original owner if the marriage ends.

Why should I use a Prenuptial Agreement?

Some couples may feel hesitant to sign a Prenuptial Agreement because of the stigma that it may signal distrust. In reality, a prenup can strengthen your relationship by encouraging honest conversations about money and expectations before marriage.

One of the biggest benefits of creating a prenup is financial clarity. Discussing your assets, debts, and goals upfront helps both partners avoid misunderstandings in the future. It’s an opportunity to ensure transparency, and not necessarily an indication of doubt.

Common reasons for creating a Prenuptial Agreement

Couples often choose to make a Prenuptial Agreement when:

• One or both partners have children from a past relationship
• Either partner owns significant personal assets or property
• One or both have business investments to protect
• They want to minimize confusion or conflict in the event of a divorce, separation, or death

A prenup protects the assets you’ve worked hard to earn while still allowing you to build shared wealth together. It helps you and your partner define what’s separate and what’s community, promoting fairness and understanding.

If no Prenuptial Agreement exists, marital property will be divided according to Louisiana state laws if the marriage ends.

Can a Prenuptial Agreement be voided?

When properly executed, a Prenuptial Agreement is a legally binding contract. However, that does not prevent attacks from the other party during a partition proceeding after divorce or community property regime termination.

Louisiana Community Property – Why It Matters

In Louisiana:

• Most property acquired during the marriage is community property
• Each spouse owns a 50% interest
• Income earned during marriage is community property
• Retirement contributions during marriage are generally community
• Debts incurred during marriage may be community debts

What a Louisiana Prenup Can Do

• Opt out of community property entirely
• Classify income as separate property
• Protect premarital assets
• Protect family businesses
• Address management of property
• Define rights upon divorce
• Clarify responsibility for debts

What a Prenup Cannot Do

• Cannot determine child custody in advance
• Cannot predetermine child support in a binding way
• Cannot violate public policy
• Cannot be unconscionable
• Cannot be signed under duress

Legal Requirements in Louisiana

In Louisiana, a prenuptial agreement must:

1. Be in writing
2. Be executed before the marriage
3. Be signed by both parties
4. Be made by authentic act (notarized before a notary and two witnesses)

If not done properly, it can be invalid.

When Should a Couple Consider a Prenup?

• One or both parties own a business
• Significant premarital assets
• Family property or inheritance
• Disparity in income
• Second marriages
• Children from prior relationships
• One spouse expects future inheritance
• Protecting professional practice