Prenuptial & Postnuptial Agreements in Louisiana
Get Experienced Legal Help from Our New Orleans Family Lawyers
While getting married can be one of the most joyful experiences of your
life, you never know what the future holds for you and your spouse. However,
a great way to protect the financial future of both parties is to establish
a prenuptial or postnuptial agreement. It is important to understand that
these matrimonial agreements are not only enforced in the event of a
divorce, but they can determine how
property and assets acquired during the marriage will be fairly handled.
At
Lowe, Stein, Hoffman, Allweiss & Hauver L.L.P., our New Orleans family law lawyers assist couples who are preparing for
their marriage or couples whose circumstances have changed during their
marriage which require the specific protections afforded by prenuptial
or postnuptial agreements. With
more than 30 years of experience, we have the complete knowledge of Louisiana family laws to explore all
of your legal options and obtain the results you desire.
Why Should I Establish a Prenuptial & Postnuptial Agreement?
Louisiana is a community property state, which means that all marital property
must be divided 50/50. Sometimes this split can be seen as unfair, especially
if one spouse ended up paying for most of their marital property.
Many couples create these matrimonial agreements in order to “opt
out” of the community property regime and modify their own rules.
While this “opt out” provision can be seen as a way to prevent
the other from obtaining their property and assets, it can protect and
defend their spouse from their party creditors from liabilities they may
incur. In addition, couples can still own property together if they decided
to do so based on the terms of their agreement.
The following are the common reasons why a couple may decide to get a prenuptial
agreement:
- One spouse has a greater amount of property and assets than the other
- One spouse gives up a lucrative career in order to stay at home with children
or follow the other spouse to a new geographical location
- One spouse has children from a prior marriage
- One spouse is part of a family business
You may want to consider a postnuptial agreement when your relationships
changed due to the following:
- Birth or adoption of child
- Change in career
- Inheritance
Let Us Draft Your Matrimonial Agreements Today!
While it may not be the most romantic way to talk about finances, deciding
to get a prenuptial or postnuptial agreement can ensure that you and your
spouse can openly communicate about marital finances and know that your
spouse doesn’t have ulterior motives in your marriage. Our New Orleans
attorneys can help you navigate through the process of drafting a prenuptial
and postnuptial agreement that benefits you and your spouse.