Pre & Post-Nuptial Agreements
A prenuptial agreement is not a sign of distrust — it's a sign of planning. The Rhodes Law Firm helps couples in Louisiana protect their financial futures with clear, enforceable prenuptial and postnuptial agreements.
Louisiana's community property regime means that assets and debts acquired during a marriage are generally owned equally by both spouses. For many couples — especially those who enter a marriage with significant assets, business interests, prior children, or financial obligations — a prenuptial agreement offers important protections and clarity that the default rules do not.
What a Prenuptial Agreement Can Do
In Louisiana, a prenuptial agreement (called a "matrimonial agreement" under the Civil Code) can:
- Opt out of the community property regime entirely, making the marriage a separate property arrangement
- Define which assets and debts will be classified as separate versus community property
- Protect a family business or professional practice from division in the event of divorce
- Preserve inheritances and gifts for the intended beneficiary
- Address spousal support obligations in the event of divorce
- Protect children from a prior relationship
Requirements for a Valid Prenuptial Agreement
Under Louisiana law, a matrimonial agreement entered into before marriage must be made by authentic act (before a notary and two witnesses) or by act under private signature duly acknowledged. It must be entered into freely and voluntarily, with full disclosure of each party's financial situation. An agreement entered under duress, fraud, or without adequate disclosure may be challenged in court. We ensure that every agreement we draft is properly executed and enforceable.
Postnuptial Agreements
Matrimonial agreements can also be entered into during the marriage with court approval, or in certain circumstances without it. A postnuptial agreement can be useful for couples who wish to restructure their property arrangement, address business ownership changes, or plan for the long term after a significant life event. We help couples navigate both pre- and post-marital agreements with care and precision.
Authoritative Resources
- Louisiana Civil Code Art. 2325 et seq. – Matrimonial Regimes (Louisiana Legislature) ↗
- Louisiana Civil Code Art. 2331 – Form of Matrimonial Agreement (Louisiana Legislature) ↗
- American Academy of Matrimonial Lawyers – Resources for Prenuptial Agreements ↗
- LawHelp Louisiana – Marriage & Property in Louisiana ↗
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Plan Ahead. Protect Your Future.
Contact us to discuss whether a prenuptial or postnuptial agreement is right for you.