Lafayette Matrimonial Agreement Lawyer

Lafayette Matrimonial Agreement Attorney

Matrimonial agreements are complex and emotionally draining. Whether you’re getting married, are married, or are contemplating a divorce, you’ll want to make sure a thoughtfully drafted agreement is in place to protect your interests and safeguard your rights. Under the guidance of a seasoned Lafayette matrimonial agreement lawyer, you can secure a sound agreement.

A sound agreement clarifies your rights regarding property separation and potential divorce proceedings, offering peace of mind and a clear understanding of your rights and responsibilities should you part ways with your spouse. Whether you’re drafting a prenuptial contract, a postnuptial contract, or a separation and property settlement agreement, a Lafayette matrimonial agreement lawyer can help.

Louisiana is a community property law state. However, our laws allow for married couples to modify, limit, or eliminate the community property regime. There are two ways to enter into a matrimonial agreement. One way is a prenuptial agreement before you are married, and the other method is by way of a post-nuptial agreement after you are married. Prenuptial agreements are allowed without the consent of the Court. With post-nuptial agreements, there are more procedures required, to include filing a joint petition with the Court. Family Law Attorney Joshua S. Guillory and his staff are well-equipped to handle cases involving matrimonial agreements.

Relevant laws in this regard are as follows:

La. C.C. art. 2328. Contractual regime; matrimonial agreement:

“A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.”

La. C.C. art. 2329. Exclusion or modification of matrimonial regime:

“Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.

Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.

During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.”

La. C.C. art. 2330. Limits on contractual freedom:

“Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property.”

La. C.C. art. 2331. Form of matrimonial agreement:

“A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.”

WARNING: Even Surgeons Need More than a Scalpel

A surgeon goes through years of formal and clinical training before he or she is allowed to perform surgeries. Your family law case can be viewed as being similar to a surgery. You may have access to laws via the internet, to include some laws quoted in this website, but reciting the law is much different than practicing law. If you or a loved one are facing litigation or have legal questions, please seek the advice of a licensed Lafayette Matrimonial Agreement Lawyer.

If you have questions related to matrimonial agreements, please call Attorney Josh Guillory today at (337) 233-1303 or click hereto arrange a consultation.

• Divorce
• Child Custody
• Child Support & Spousal Support
• Adoptions
• Community Property
• Matrimonial Agreements
• Name Changes

Questions About Matrimonial Agreements

In addition to handling family law matters, Lafayette Matrimonial Agreement Lawyer Joshua S. Guillory is prepared to help individuals with a wide range of legal matters, such as criminal defense, estate planning to include wills and trusts, business law, and personal injury. Do not hesitate to contact The Law Office of Joshua S. Guillory, LLC at (337) 233-1303 or click here to send a message to our firm located at Lafayette, Louisiana.

FAQs

Q: How Much Does a Prenup Cost in Louisiana?

A: Depending on the complexity of the agreement and the legal fees involved, the price of a prenuptial contract in Louisiana might differ significantly. Fees cover the agreement’s writing, discussions, and any required amendments. Working with a knowledgeable lawyer is crucial to making sure the contract is complete, enforceable, and safeguards the interests of both parties.

Q: What Do You Need for a Prenuptial Contract in Louisiana?

A: Prenups must be signed voluntarily prior to the marriage date and include full disclosure of assets, liabilities, and income. A prenuptial contract is enforceable only in writing, signed by both people and their own attorneys.

To make sure the agreement is reasonable and compliant with the law, each party should have its own legal counsel. The prenuptial agreement must not go against public policy and should cover the split of property, spousal support, and any other financial issues.

Q: What Is a Postnuptial Contract in Louisiana?

A: A postnuptial contract, also known as a postnup, is an agreement between two spouses that a couple signs after they are married to divide assets and liabilities that occur as a result of a death or possible divorce.

A postnuptial contract serves all the same purposes as a prenuptial contract, except spouses sign it after they are already married. A postnuptial contract can offer certain levels of protection for individual assets and spell out financial rights and duties.

Q: How Does Separate Property Become Property of the Marriage in Louisiana?

A: In Louisiana, separate property can become marital property through co-mingling or transmutation. Co-mingling is where marital property is mixed with separate property, so it becomes difficult to say where one ends and the other begins.

Transmutation is where a spouse’s separately owned property becomes marital property by putting the property in both spouses’ names. With the proper documentation and the addition of a contract, it is possible to prevent one’s separate property from being converted to marital property.

Contact a Trustworthy Lafayette Matrimonial Agreement Lawyer

Having a knowledgeable Lafayette matrimonial agreement lawyer can provide the legal support and peace of mind needed during significant life transitions. Whether drafting a prenuptial or postnuptial agreement or navigating a divorce, our legal guidance ensures your interests are protected and agreements are enforceable. Reach out today for assistance.