You’re getting married in Louisiana! Your wedding is sure to be a celebration! But before you fire up the brass band and laissez les bon temps rouler (let the good times roll)…Let’s talk about prenups! Prenuptial agreements (also called “matrimonial agreements”) are a contract couples enter before getting married where they determine how marital property will be divided should there be a divorce in the future. You’re smart to do your research on prenups. This agreement is a binding contract that could have an enormous impact on your financial future. But do I need to hire a lawyer for a valid and enforceable prenup? And what are the requirements for a prenup in Louisiana? Read on to answer your questions and find out more about prenups!
Is a lawyer required for a valid prenuptial agreement in Louisiana?
You’re not required to hire an attorney for a valid and enforceable prenup in Louisiana, but it is highly recommended because of Louisiana’s unique legal framework. Laws in Louisiana are based on French Civil Code rather than the common law system. This makes Louisiana law a bit more complex than other states, and the various intricacies of the legal system affects all areas of law differently.
This can present challenges when drafting legal documents, especially contracts that could have a significant impact on your financial future like prenuptial agreements. Attorneys who are licensed in Louisiana and who have experience in drafting prenups understand how to navigate the intricacies of the civil statutes and can help ensure that your agreement is upheld in court.
Do we both need a lawyer, or can only one person hire one?
Though it’s not legally mandated that you hire an attorney for a valid Louisiana prenup, it’s advisable that you do. It’s even smarter to hire two separate attorneys to represent each of you. There’s an inherent risk in only one of you hiring an attorney. This is because only one party will receive legal guidance and this could call into question the fairness of the agreement and the voluntariness of the unrepresented party’s signature. One of the factors courts consider most is whether the signatures on the prenup are made voluntarily. By each of you having an independent attorney walking you through the language and the potential consequences of the agreement, this shows the court that you each entered the contract with eyes wide open.
If the cost of two attorneys is too much right now… which is understandable, you are planning a wedding! At least make sure that both you and your fiancé are aware of your rights to hire separate legal counsel and that there is enough time between when you present your fiancé with the prenup and when you say, “I do.”
The importance of at least understanding your rights and having the chance to hire a lawyer is highlighted in the 2011 Louisiana case of Weinstein v. Weinstein. The wife did not hire an attorney, but she was advised to hire a separate legal representative. The court upheld the prenup as valid and enforceable, because her being advised to hire separate legal counsel showed that she recognized the importance of independent counsel (Weinstein v. Weinstein, (2011)).
Can we share a lawyer?
It’s not a good idea! Sharing a lawyer could compromise the impartiality required to adequately address the needs and concerns of both parties and would likely run afoul of the Louisiana Rules of Professional Conduct with regards to conflict of interest. If a couple shares an attorney, this creates a much higher likelihood of the prenup being invalidated. When it comes to prenups, even if couples are in agreement as to its terms, they are still on opposing sides of the agreement from the beginning. A prenup at its foundation governs how each of you will divide your assets and debts if there’s a divorce in the future. And sharing a lawyer would not only sacrifice your need for objective, independent legal advice, but you could also sacrifice what’s best for your financial future when drafting the terms of the prenup.
Can I write my own prenuptial agreement?
There are a lot of things you could do in Louisiana but probably shouldn’t! Drafting your own prenuptial agreement is one of them. Louisiana has unique and stringent laws regarding what it takes to create a valid and enforceable prenup. DIY’ing this important contract could prove disastrous if there are errors in the language, the financial disclosures, or the signing process. As a novice, you’re unlikely to foresee the legal issues that could develop from using certain words versus others, or how missing a state-required step might invalidate your prenup altogether. A Louisiana licensed attorney who understands prenups can anticipate potential legal problems and can strategically draft your agreement to avoid expensive and time-consuming issues in the future.
What are the legal requirements for a valid prenup in Louisiana?
Louisiana prenups are governed by the state’s laws, known as “Matrimonial Regimes,” and can be found in the Louisiana Civil Code at articles 2325-2376. To be upheld as valid and enforceable in a Louisiana court, prenups must:
- Be in writing
- Signed voluntarily by both parties without duress or coercion
- Must include full disclosure of the financial assets of both parties
- Must be either signed by both parties in the presence of a notary public and two witnesses, or signed privately by both parties, and later acknowledge the signatures before a court, a notary, or another authorized official (La. Civ. Code 2331)
Regarding the last point above, if you and your fiancé decide to sign your prenup in private and later acknowledge your signatures in front of a court, a notary, or another authorized official, make sure you do this before your wedding ceremony. The couple in the 2017 Louisiana case Acurio v. Acurio only had one witness when they signed their prenup. This didn’t abide by the statute which requires two witnesses. To correct this wrong, the couple acknowledged their signatures but waited until after their marriage to do so. The court found that this is in direct contradiction to Louisiana law and the prenup was unenforceable (Acurio v. Acurio, (2017)).
How much does a prenup lawyer cost in Louisiana?
As everybody knows, lawyers are not cheap! But, as you’ve read so far, hiring an attorney to draft your prenup can be counted as money well spent. Louisiana laws, in general, are more complex than most states including its requirements for prenuptial agreements. The cost to hire a prenup attorney in Louisiana depends on various factors including the attorney’s experience, the complexity of your finances, and how long the prenup negotiations take.
According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. Online prenup services with a solid reputation like HelloPrenup will provide you with a personalized, expertly drafted prenuptial agreement that abides by Louisiana’s state laws for a flat fee of $599, plus $699 to add on the services of an Louisiana -licensed prenup lawyer.
Where can I find a prenuptial agreement lawyer in Louisiana?
When searching for an attorney to draft your prenup, ask trusted friends and family for referrals, and do an online search for “family lawyer near me” and “prenup lawyers near me.” Also, visit the referrals services at Louisiana State Bar Association website. Make sure that you read the reviews of any attorney before you meet with them. Client reviews can speak volumes about a professional’s quality of service. And ask your attorney about their experience in drafting prenuptial agreements. You want someone who can draft a legally abiding prenup that will accomplish your goals.
The bottom line on prenup lawyer requirements in Louisiana
Louisiana law is unique as it’s the only state in the United States to follow a civil law system. Therefore, when it comes to prenups, Louisiana law has some unique requirements. In addition to a prenup being in writing and voluntarily signed by both parties, the parties must either sign the prenup in front of a notary and two witnesses, or sign in private then acknowledge their signatures in front of a notary, a court, or an authorized individual before their wedding ceremony. Don’t forget that both parties must also fully disclose their financial situation!
It’s pretty clear to see that although Louisiana does not require you to hire a lawyer to draft a prenup, it’s a very good idea to do so! Creating a prenup with a Louisiana attorney or through a well-respected online prenup platform like HelloPrenup will help ensure that your prenuptial agreement accomplishes the goals that you and your fiancé have set and is legally sound. Alright! You’ve done research on a prenup which brings you one step closer to your wedding. You can almost hear the jazz music playing and smell the gumbo bubbling…celebration is right around the corner!
I am an attorney who has been practicing transactional law for 19 years. I have been engaged in commercial, business, employment and family law transactional agreements.
I enjoy working with couples who are looking to use prenuptial and postnuptial agreements to protect each other.
I am licensed to practice in Massachusetts, Rhode Island and Louisiana.
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