Pre- & Post-Nuptial Agreements Attorney in Denham Springs, Louisiana

Taking the plunge into marriage is no small matter. Joining your life with another person is bigger than just love; you’re also joining your finances and everything related: property, assets, debt, investments, and inheritances. Because of this, many people may choose to enter into a prenuptial or postnuptial agreement to outline what will happen to these assets if the marriage ends.

If you’re thinking about instating a prenuptial or postnuptial agreement, call The Law Office of Ivy L. Graham today to get started. We’re committed to helping our clients achieve their goals professionally and compassionately. The Law Office of Ivy L. Graham proudly serves residents of Denham Springs, Louisiana, as well as Livingston, Colyell, Holden, and Albany.

Prenuptial Agreements in Louisiana

In Louisiana, prenuptial agreements are often called marital agreements. These are contracts that both spouses voluntarily enter into that lay out what will happen to each party’s assets should the marriage end in divorce or if one spouse passes away. Prenups generally cover assets like property, debts, alimony, investments, business interests, and inheritances. This can cover both assets that were acquired before the marriage and assets that are acquired after the marriage.

There are a few things that a prenup cannot cover. The biggest of these is any agreement regarding child support, parenting time, or custody. If the couple divorces, these concerns must be handled separately, and a judge will always consider the best interests of the child as the most important factor.

Prenups can be modified at any time as long as both parties are in agreement and sign the revised contract on their own accord.

Postnuptial Agreements in Louisiana

A postnuptial agreement is largely the same as a prenuptial agreement, except that it’s written after the marriage. A postnup can cover the same protection of assets, and like a prenup, still cannot affect parenting time, custody, or child support. Also like prenups, they can be changed at any time as long as both spouses willingly and knowingly sign the revised contract.

Postnuptial agreements are less common than prenups and often come about with a significant change in the marriage. This could be the addition of a child, a significant inheritance, or a large business venture.

Who Should Get One?

There’s no single answer to who should get a marital agreement and who shouldn’t as there are a number of reasons either spouse may want one. If one spouse comes into the marriage with a large amount of wealth and is concerned about asset protection, they may wish to have a prenup. Other times, one or both spouses may have children from previous relationships and wish to protect their inheritance, or one spouse may be involved in a family business and wants those earnings to remain separate from the marriage.

Why Marital Agreements Are Important

Not everyone wants a marital agreement, but for those who do, they can accomplish many things. When you enter into a prenuptial agreement, you’re forced to have an open and honest dialogue about all aspects of your financial life. This can set a positive precedent and make communication easier in the long run. It can also be helpful for many couples to have clear boundaries set right from the beginning. Additionally, martial agreements work to protect your assets if something in the marriage doesn’t work out.

Ensuring It’s Enforceable

The most important part of a prenup or postnup is ensuring it’s enforceable. This is why you should always work with an experienced family law attorney when entering into any marital agreement.

For these agreements to hold up in court, it must be shown that each party willingly and knowingly entered into the contract. To achieve this, both parties are required to disclose all their finances so the other has a clear view of what they’re agreeing to. If it is found that one spouse was deceived or signed the contract under duress or intimidation, the contract will be void.