What you can’t have in your prenuptial agreement

On Behalf of | May 1, 2021 | Prenuptial And Postnuptial Agreements |

A prenuptial agreement may be an ideal tool to help a Louisiana couple negotiate the terms of their divorce before their marriage becomes official. This type of agreement might be used to clarify who retains ownership of a company after a marriage ends. It can also be used to ensure that children from a previous marriage receive an inheritance. However, it generally cannot be used to determine who gets custody of a child in a divorce or contain language that encourages a spouse to seek one.

A judge must approve a parenting plan

While parents can create a custody plan outside of court, it cannot take effect prior to obtaining a judge’s approval. This is because such a plan must adhere to the best interest of the child doctrine. In other words, the parents must do what is best for the child regardless of their own feelings. For instance, you may be forced to share custody of your son or daughter with your child’s other parent even if you don’t think that he or she is a good influence on your child.

Prenuptial agreements cannot require either party to break the law

If any part of a prenuptial agreement requires either party to take actions that violate local, state or federal laws, the entire document may be invalidated. A family law attorney may be able to review the document before it is executed to determine if any of its clauses may encourage illegal behavior.


Some state courts tend to dislike any clauses in a prenuptial agreement that limit your rights to collect alimony. A judge will likely closely scrutinize such a provision if asked to determine whether or not the document adheres to state law.