When recognizable couples sign marital agreements, the media takes notice and the agreement becomes celebrity gossip with flashy headlines and pictures. It’s often overlooked, however, that a growing number of everyday couples are turning to postnuptial agreements as a smart financial planning tool. Whether it’s a high profile divorce or the quiet security for high worth individuals, a legal agreement after the wedding day is becomingly increasingly common.
So what exactly is a postnuptial agreement – and why are more couples in Louisiana and across the Gulf South choosing to formalize one?
What is a Postnuptial Agreement?
In family law, a postnuptial agreement, or “postnup,” is a legal contract between spouses entered into after marriage that outlines how property, debts, and assets will be handled in the event of a separation, divorce, or death. While prenuptial agreements are signed before the wedding, postnuptial agreements are negotiated and executed after the marriage has begun. It also must be approved by the Court.
Postnups can address an array of issues, including business interests, and they can be specified to each couple’s evolving needs. It’s important to note that postnuptial agreements are not just contingency plans for divorce; rather, they can bring clarity to complex financial situations and help couples avoid future disputes.
Why Couples Turn to Postnups
A common misconception is that a postnup means a marriage is failing. In reality, many couples use them to strengthen their relationships by reducing uncertainty and clarifying expectations.
In Louisiana, couples choose to create postnuptial agreements because:
- Changes in wealth or income: One spouse may begin or sell a business, receive a large bonus, or inherit property during the marriage.
- Debt management: If one spouse carries significant debt into the marriage, a postnup can clarify who is responsible.
- Second marriages and blended families: Protecting children from a previous relationship or ensuring family wealth is passed along as the couple intends.
- Marital reconciliation: Some couples pursue a postnup after infidelity or relationship challenges as a tool to rebuild trust.
- Estate planning and retirement clarity: Aligning with broader financial goals, especially when substantial assets are at play.
These agreements can create peace of mind and in many cases are a sign of thoughtful, future-oriented partnerships.
Enforceability in Louisiana and in Galloway’s Service Area
Galloway’s family law team in Lafayette and New Orleans regularly advises couples across the state. In Louisiana, postnuptial agreements are permitted but come with important legal nuances. Louisiana is a community property state, which means all assets acquired during the marriage are generally considered jointly owned. To change that default arrangement, a couple must execute a matrimonial agreement. If this is done after marriage, Louisiana law requires court approval of the postnup unless the couple already had one prior to marriage or has previously received approval to opt out of community property.
Key enforceability standards in Louisiana include:
- Voluntariness: Both spouses must sign willfully and without coercion.
- Full and fair discovery: Each party must disclose assets, liabilities, and income.
- Formality: Agreements must be in writing and comply with state procedural requirements.
Courts will examine whether the agreement was negotiated in good faith, and whether both parties had the opportunity to consult with independent legal counsel.
Strengthen, Not Weaken, Relationships
Contrary to popular belief, a postnuptial agreement is not a sign that a spouse in planning for failure. These agreements can create security, transparency, and peace of mind. For many couples, having open conversations about finances and expectations leads to fewer conflicts down the line.
When structured correctly and with mutual respect, a postnup could actually foster stability in the marriage. It’s about being protected and being on the same page.
When to Speak with a Family Law Attorney
If you’ve experienced financial change, are planning for the future, or simply want to clarify expectations, it might be time to explore a postnuptial agreement. In Louisiana, the legal requirements are specific and nuanced, so experienced legal guidance is essential.
Our family law team understands the sensitive nature of postnuptial agreements. We help couples navigate them with discretion, clarity, and a commitment to protect what matters the most.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
