Why You Need A Prenup

September 20, 2022

bride & groom signing marriage license

Why You Need a Prenup in Louisiana

When you’re getting married, it may seem like your to-do list is never ending. Along with getting the perfect dress, picking a dream venue, and getting your marriage license, you need to prioritize getting a matrimonial agreement or “prenup.”

We know that while you’re planning your wedding, a divorce may be unthinkable, but a valid prenup in Louisiana is the best way to ensure your future is protected from the inconceivable. The compassionate and experienced attorneys at Dowden & Smith are here to help you by providing exceptional prenuptial agreement services that will give you peace of mind.

[Related: Divorce Where One Party Refuses]

What Are Matrimonial Agreements?

Matrimonial agreements are contracts between two spouses that determine the rights and responsibilities of each spouse. They can address several things, including:

  • Property Ownership
  • Finances & Debts
  • Retirement Benefits
  • And More

Matrimonial agreements typically come in two forms: prenuptial or postnuptial. A prenuptial, or “prenup,” is executed before the marriage, while a postnuptial is executed after the marriage. They can be tailored to the couple to address their specific needs and situation. For example, if one spouse is the owner of a family business, they may want to protect the business in the event of death or divorce. Having a matrimonial agreement is the simplest way to ensure your interests are protected in the future.

Why You Need a Prenup in Louisiana – Community Property

You may be asking, “is my spouse entitled to half my assets in a divorce?” The answer largely depends on whether or not you have a prenuptial or postnuptial agreement in place.

In most cases, property acquired before the marriage will be classified as “separate property,” meaning the spouse who obtained the property will maintain sole ownership. There are numerous circumstances that can change the classification of property, including how the property was purchased. Contacting a Louisiana family law attorney is the best way to ensure your property is classified correctly.

In Louisiana, any property obtained during a marriage is presumed to be community property unless a prenup dictates otherwise. This means that in the event of a divorce without a matrimonial agreement, property acquired during the marriage will be split between the two parties.

[Related: Military Divorce & Child Support Law]

Why You Need a Prenup in Louisiana – Creditors

While losing half of your assets may seem bad, it can be much worse. If the property is considered community property, creditors can go after both spouses to claim the debt, even after a divorce.

For example, if your spouse takes out a loan during your marriage and defaults on it, creditors may be able to seek repayment from you, regardless of your marital status. This is because, in Louisiana, all financial gains or debts are presumed to be community property unless indicated in a post- or prenuptial agreement. Simply put, you need a prenup in Louisiana to avoid creditors coming after you for your spouse’s debt.

Why You Need a Prenup in Louisiana – Protect Your Business

Whether you started your business before marriage or during, you need a prenup in Louisiana to protect your business and yourself. This is especially necessary if your company grows financially during the marriage.

As a “community property state,” Louisiana’s laws place a strong presumption that both spouses equally own all assets and debts acquired during the marriage. Getting a matrimonial agreement, or “prenup,” in Louisiana is the best way to ensure your business remains intact and in your hands. A valid matrimonial agreement may help you avoid costly and drawn-out litigation to determine the ownership of your business.

Keep your company and your property with the help of Dowden & Smith’s family law attorneys. Get a prenuptial or postnuptial agreement that is tailored to your unique situation and protects your future. Contact our office today to schedule a free consultation.

How To Get a Prenup in Louisiana

To have a valid prenuptial agreement in Louisiana, both spouses must sign the written contract, as well as have it signed by a notary and two witnesses. It may sound simple, but if the agreement is not thorough or has any errors, it could be devastating down the road. A simple mistake in the language could render the entire agreement invalid. A post-nuptial agreement has even more onerous form requirements.  It’s highly recommended to have your matrimonial agreement drafted and reviewed by an experienced family law attorney.

We understand that discussing a prenuptial agreement may not be the most romantic conversation to have with your future spouse, but it is a necessary one. With the help of our experienced attorneys, you can rest assured knowing your matrimonial agreement is legally valid. Call 337-238-2800 today to schedule a free consultation and protect your future.


The contents of this website do not constitute legal advice. The information contained on this site is for general information only and should not be applied to any specific situation. Any use of the site does not create or constitute a client-lawyer relationship between Dowden & Smith and the user of the site. If you require legal advice, consult with an experienced attorney.

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