What Is a Prenuptial Agreement in Louisiana?
Fontenot Law helps couples in Lake Charles and throughout Calcasieu Parish draft, review, and negotiate prenuptial agreements under Louisiana law. A prenuptial agreement — also called a premarital agreement or "prenup" — is a written contract signed before marriage that outlines how property, assets, and debts will be handled during the marriage and in the event of divorce or death.
Louisiana is a community property state. Without a prenuptial agreement, most income and property acquired during the marriage is automatically owned equally by both spouses under Louisiana Civil Code Article 2338. A prenup gives you the ability to change that default — fully or partially — for your specific situation. To be valid in Louisiana, the agreement must be in writing, signed by both parties, and notarized before the wedding.
Louisiana Is a Community Property State
- Without a prenup, most income and property acquired during marriage belongs equally to both spouses
- A prenuptial agreement lets you override that default by agreement
- The agreement must be signed and notarized before the wedding to be valid
- Both parties having independent legal counsel strengthens enforceability
Who Should Consider a Prenuptial Agreement?
Prenuptial agreements are not just for wealthy individuals. Our firm works with clients across a wide range of financial situations. A prenup may be especially valuable if you own a business or professional practice, have children from a prior relationship, expect to receive an inheritance, carry significant debt, or are entering a second marriage.
What a Prenuptial Agreement Can Cover
Louisiana law allows prenuptial agreements to address a wide range of financial matters, including:
- Which assets remain separate property and which become community property
- How income earned during the marriage will be classified
- Protection of pre-marital business interests
- Treatment of existing and future debt
- Spousal support provisions in the event of divorce
- Preservation of inheritance rights for children from prior relationships
A prenuptial agreement cannot predetermine child custody or child support, and cannot contain provisions that violate public policy. Our team makes sure every agreement we draft is both practical and legally sound.
What Makes a Prenup Enforceable in Louisiana?
Louisiana courts look carefully at prenuptial agreements before enforcing them. An agreement is more likely to hold up when both parties had independent legal counsel, the agreement was signed well in advance of the wedding, both parties made full financial disclosure, neither party was coerced, and the terms are not unconscionably one-sided. Our firm drafts agreements designed to withstand scrutiny.
Postnuptial Agreements: Already Married?
If you're already married and want to establish or modify the rules around your property and finances, a postnuptial agreement may be an option. Louisiana recognizes agreements between current spouses, and our firm handles both prenuptial and postnuptial matters.
Serving Lake Charles and Calcasieu Parish
Our office is located at 2706 Hodges Street in Lake Charles. We serve clients throughout Calcasieu Parish, including Sulphur, Westlake, DeQuincy, and Vinton. To speak with our team, call (337) 508-2627 or use the form on this page.
What Clients Say
Devin and his team were amazing. He explained every step of the process clearly, answered all my questions, and fought hard for our family. I could not have asked for better representation.
Professional, courteous, and works hard for clients. All matters were handled respectfully and we could not have had better outcomes.
Frequently Asked Questions
The cost varies by complexity. Agreements involving limited assets require fewer hours; those covering businesses, trusts, or complex property take more time. Our firm provides a clear fee estimate after an initial consultation so there are no surprises.
Yes. Louisiana courts may set aside a prenuptial agreement if it was signed under duress, if one party failed to disclose significant assets, if the terms are unconscionably one-sided, or if it violates public policy. Having both parties represented by counsel significantly reduces this risk.
We recommend completing and signing the prenuptial agreement at least 30 days before the wedding. The closer to the wedding date, the more a court may question whether either party felt pressured to sign.
Yes. Under Louisiana law, a prenuptial agreement must be in writing, signed by both parties, and executed before a notary public to be valid. Our firm handles the notarization as part of the drafting process.
Prenuptial agreements can be modified after marriage through a postnuptial agreement. Louisiana law allows married couples to enter agreements that change property classification and financial arrangements, subject to the same formal requirements as the original prenup.