Lafayette Prenuptial Agreement Lawyer

Lafayette Prenuptial Agreement Attorney

A prenuptial agreement is a contract between spouses that addresses their assets and debts. While there are many misconceptions about these marital agreements, they can provide numerous benefits, allowing couples to discuss important financial concerns and come up with solutions. When you and your partner are considering a marital agreement to better protect your financial and familial interests, a Lafayette prenuptial agreement lawyer can help.

Getting married is an exciting time in your life. It is also a time in your life when your finances and property rights change significantly. Many couples misunderstand prenuptial agreements as considering divorce before the marriage has started; however, these agreements can help you address current and future financial changes you and your spouse may face throughout your marriage.

Finding the right attorney is important to understanding all that a prenuptial agreement can do for you.

Finding an Experienced Attorney To Draft and Negotiate a Prenuptial Agreement

Prenuptial agreements can help both spouses understand their rights and responsibilities related to the assets and debts they each own and the property they’ll obtain during their marriage. There are numerous property-related provisions that can be included in these marital agreements, depending on the assets you own, your family situation, and other unique circumstances.

At The Law Office of Joshua S. Guillory, we want to help you create a marital agreement that addresses your and your family’s unique needs and protects your financial interests. A fair and negotiated agreement is necessary from a legal perspective to better facilitate discussions between spouses and give each the benefits of a marital agreement.

Our team has experience in many family law cases, including those involving marital agreements. We take the time to understand your situation and how it can be affected by the creation of a prenuptial agreement. Whether you are focused on your children’s inheritance rights, the future of a business, or the protection of other specific assets, we can help you find a solution.

The Basics of a Prenuptial Agreement

A prenuptial agreement is a contract between partners who are about to be married. Once they become married, the agreement is enforceable. One of the primary uses of a prenuptial agreement is to determine how assets and debts will be split if a couple divorces. This can make the process of divorce much less complex and save couples money. A prenuptial agreement can also address other decisions, including:

• The rights and responsibilities of a surviving spouse to property if the other spouse dies
• Which assets are considered separate or marital property during the marriage
• How assets will be valued
• Other circumstances that may impact the rights and responsibilities each spouse has to property
• Whether spousal support will be awarded to either spouse, as well as how much and for how long
• Circumstances that allow for modification of the agreement

Prenuptial agreements are primarily for financial concerns; however, they can’t address child support. No decisions about children can be made in marital agreements, as these decisions must be made at the time of the separation and in the child’s interests. Personal preferences may or may not be allowed in a prenuptial agreement. Often, judges frown on these provisions and will not enforce them. Your Lafayette Prenuptial Agreement Lawyer can help you understand what your agreement can cover.

Benefits of a Prenuptial Agreement

There are several direct and indirect benefits to creating a prenuptial agreement with your spouse. This includes:

• Establishing transparent communication about your finances and the impact of combining or separating those finances. This can help create a stronger foundation for the beginning of a relationship and ensure both parties are on the same page.
• Creating financial certainty for both spouses. If either spouse is concerned about how a divorce will impact them financially, a prenuptial agreement can address this and ensure they are taken care of. This can then create a more secure marriage.
• Defining clear boundaries. Spouses are able to clearly determine which assets and debts they each have control over.
• Protecting assets. Prenuptial agreements enable you to protect important assets, such as businesses, property, and other high-value assets, from a divorce.

FAQs

Q: Who Pays for a Prenuptial Agreement?

A: The spouses that create a prenuptial agreement pay for the agreement, including the filing fee and attorney fees. Ideally, each spouse pays for their own legal representation. This is helpful for each spouse to protect their rights and ensure a fair agreement.

The cost of legal representation varies based on whether spouses are hiring an attorney to review an agreement draft or need ongoing legal counsel while negotiating. Attorney costs also differ based on the attorney’s experience.

Q: What Are the Disadvantages of a Prenuptial Agreement?

A: Some of the disadvantages of a prenuptial agreement include:

1. The potential for friction between spouses due to negative perceptions
2. Wasted time and money if the prenup is unenforceable
3. Unfair terms for one spouse, especially if one spouse presents the other spouse with the agreement rather than spouses using the agreement as a chance to discuss important financial issues together
4. Prenups only address certain financial issues and cannot address all family law matters

Q: What Is a Reasonable Prenuptial Agreement?

A: Whether a prenuptial agreement is reasonable depends on the couple’s unique circumstances, but all prenuptial agreements should be clearly worded and have terms that are fair to both spouses. The most effective way to ensure you have a reasonable prenuptial agreement is to have a Lafayette Prenuptial Agreement attorney review the agreement or work with legal counsel while creating the agreement.

An attorney can note any provisions that are unclear or may be unfair to one spouse and help spouses correct those issues.

Q: How Enforceable Are Prenuptial Agreements?

A: If a prenuptial agreement meets the requirements of contract law and public policy, it should be completely enforceable. Prenuptial agreements in Lafayette and other areas of Louisiana must typically be in writing, signed by both spouses, notarized, and witnessed. Spouses must also both have the capacity to sign and agree to the terms under contract law, meaning neither was coerced, underage, or under the influence.

This also means that spouses must both disclose their assets and debts. Your agreement is more likely to be enforceable if you work with a Lafayette Prenuptial Agreement Lawyer.

Find a Reliable Prenuptial Agreement Attorney in Lafayette,

If you need a dedicated attorney to help you navigate crafting a prenuptial agreement, contact The Law Office of Joshua S. Guillory today.