Law Office of Laura L. Davenport
Lafayette Divorce And Family Law Attorney

Are prenuptial agreements always enforceable?

Creating a prenuptial agreement is a smart way to protect personal property while also laying a foundation for open and honest communication during marriage. While prenuptial agreements are generally fairly straightforward, Louisiana couples could still be making some unintended mistakes. In some situations, a seemingly small mistake could make a prenup invalid.

Most people understand that a prenup cannot be a verbal agreement and that it has to be written down. However, there are still rules about when and how it was signed. For example, both parties have to sign the agreement before saying "I do" for it to be considered a valid and enforceable document. Even if it was signed before the wedding, if one person was pressured into signing, then a judge might say the whole thing is unenforceable.

Invalid provisions should also be avoided. This is a common problem that people encounter, particularly since prenups can cover a wide range of financial matters. However, couples cannot lay out obligations for child support or any other type of financial agreement that otherwise violates the law. In some situations a judge might strike down the invalid provisions but allow the rest of the prenup to remain enforceable.

Even couples who keep within the confines of the law could still end up having their prenuptial agreements tossed out. If a Louisiana couple's prenup is grossly unfair, leaving one spouse with very little in terms of community property, a judge may be extremely hesitant to enforce it. In order to avoid making any of these mistakes, many individuals choose to have an experienced attorney review the agreement before signing.

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