Pre & Post-Nuptial Agreements
A well-crafted matrimonial agreement protects both partners — and the family — before and during the marriage. The Rhodes Law Firm helps Louisiana couples put clear, enforceable agreements in place.
In Louisiana, agreements between spouses (or prospective spouses) about the ownership and management of property are called matrimonial agreements, governed by Louisiana Civil Code arts. 2325–2437. These agreements give couples the ability to customize their property regime — opting out of community property, defining separate property, addressing spousal support, and planning for the financial consequences of divorce or death. This is not about distrust; it is about clarity, communication, and protection for both parties.
Prenuptial Agreements (Before Marriage)
A prenuptial agreement is entered into before the marriage and takes effect upon marriage. It can establish a separate property regime, define which assets remain separate, address spousal support in the event of divorce, protect a business or professional practice, and provide for children from a prior relationship. It must be executed by authentic act (before a notary and two witnesses) or by private act duly acknowledged — and entered into freely, voluntarily, and with full financial disclosure by both parties.
Postnuptial Agreements (During Marriage)
Louisiana also allows matrimonial agreements to be entered into during the marriage, generally with court approval. Spouses may wish to convert their property regime — for example, moving from community property to separate property — due to a change in financial circumstances, a new business venture, an inheritance, or simply a desire for greater financial independence. We guide clients through both the drafting and the court approval process to ensure the agreement is valid and enforceable.
Authoritative Resources
- Louisiana Civil Code Arts. 2325–2437 – Matrimonial Regimes (Louisiana Legislature) ↗
- Louisiana Civil Code Art. 2329 – Modification of Matrimonial Regime (Louisiana Legislature) ↗
- Louisiana Civil Code Art. 2331 – Form of Matrimonial Agreement (Louisiana Legislature) ↗
- American Academy of Matrimonial Lawyers – Prenuptial Agreement Resources ↗
- LawHelp Louisiana – Marriage & Property Rights ↗
Who Should Consider a Matrimonial Agreement
- Business owners and entrepreneurs who want to protect their company
- Individuals with significant premarital assets or prior debts
- Those entering a second marriage, especially when children from a prior relationship are involved
- Professionals with significant future earning potential
- Individuals expecting an inheritance
- Couples who simply want clarity and transparency about finances
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Contact us for a free, confidential consultation about a prenuptial or postnuptial agreement.