A Louisiana prenuptial agreement is a contract drafted before marriage that helps couples determine how they would divide assets in the event of a divorce. Moreover, since Louisiana holds the highest divorce rates in the country, it is better to hire a competent attorney who can help you draft a comprehensive prenuptial agreement to safeguard your assets and finances.
An Introduction to Louisiana Prenuptial Agreement
A prenuptial agreement, also known as a "matrimonial agreement" in Louisiana, is a contract that a couples sign to specify how assets and debts will get divided in case of a divorce or the demise of one spouse, enforceable after marriage.
A couple may decide to sign a Louisiana prenuptial agreement for several reasons. Prenuptial agreements provide both partners with financial security and allow them to concentrate more on their current relationship.
In addition, many people enter into a prenuptial agreement when getting married to someone substantially less wealthy than they are to safeguard their assets. Likewise, these contracts are frequently used by people who have children from past relationships to ensure their children's inheritance entitlement is protected from claims by the current partner.
Others might want a prenuptial agreement to organize their property distribution and alimony payments in advance, especially if one spouse doesn't plan to work during the marriage or for tax purposes.
Factors to Consider When Executing a Louisiana Prenup Agreement
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Separate Assets
Property that is considered separate is the one not shared during a divorce. One of the few states in the U.S., like Louisiana, maintains a community property system, which divides property equally.
Moreover, property obtained before marriage, property bought with resources, distinct inheritances, or gifts written out, particularly to one person, are all considered separate property by Louisiana courts. Hence, you must indicate how you want your property shared through a prenuptial agreement if you own multiple properties.
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Spousal Assistance
In Louisiana, spousal support comes in two categories - interim support (paid only while the divorce is being processed) and permanent support. In Louisiana, your prenuptial agreement can contain clauses limiting ongoing spousal support. However, you cannot incorporate a clause that forbids temporary spousal support throughout the divorce process.
Besides, if the receiving spouse has not committed adultery, a crime, or been abusive, the paying spouse can make permanent support payments. Nevertheless, the court considers several variables when deciding the amount and length of spousal support.
Furthermore, the money given to one spouse when divorce proceedings are pending is referred to as temporary support, sometimes known as interim support, and the prenuptial agreement cannot waive temporary assistance.
What Do We Mean by Temporary Prenups?
Couples are not permitted under Louisiana law to limit or waive spousal support during divorce. The temporary support program established by the Louisiana legislature was to enforce the rule requiring married couples to support one another. Since the divorce is still pending, the affected spouse should be supported throughout the marriage, including during the legal proceedings.
On the other hand, there is no restriction on your prenuptial agreement restricting ongoing spousal support. Contrary to temporary spousal support, Louisiana courts find that permanent spousal support was designed to safeguard individuals, not as a public policy.
Conclusion
In a nutshell, both couples must sign the prenuptial agreement in Louisiana, and it must be put in writing. The spouses and witnesses must sign the agreement before a notary public. At Contracts Counsel, we are a team of expert attorneys who can help you draft a comprehensive Louisiana prenuptial agreement that will help you safeguard yourself and your partner and the respective financial assets.
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Meet some of our Louisiana Prenuptial Agreement Lawyers
Paul M.
Transactional attorney and corporate in house counsel for 15 years. Draft all types of contracts and employment agreements.
Haroldo M.
A seasoned attorney dedicated to navigating complex legal issues and devising strategic solutions for my clients.
Leonid G.
I have been practicing law since 2018. I used to be a litigator at a nationwide practice before going in-house at a fintech company. I have experience drafting NDAs, SaaS contracts, service agreements, and stock purchase agreements.
July 21, 2020
Steven C.
Steve Clark has been practicing law in DFW since 1980. He is licensed in both Texas and Louisiana state and federal courts. He concentrates his practice on business clients and their needs. He has been a SuperLawyer in Texas since 2011, and is Lead Counsel rated in Business Law. He is also a Bet the Company litigator in Texas.
June 21, 2021
Sean S.
I am an attorney with six years of experience drafting and negotiating a wide variety of business contracts, in industries including technology and software, finance, professional services, hospitality, and non-profits.
February 24, 2023
Candace M.
For over 20 years, as an attorney and real estate broker, Candace has used her passion for business and real estate to help her clients succeed as business owners, entrepreneurs Realtors, and real estate investors. She and her team go above and beyond to simplify and solve those issues which trouble her clients. From the simple to the complex, she is ready to help. Her experience includes, Real Estate law, Contracts, Business Formation, Business Operating AGreements and Entrepreneurial counseling.
July 13, 2023
Keren G.
Keren E. Gesund has extensive litigation expense. She has successfully defended and prosecuted claims against debt collectors, banks, credit reporting agencies, subcontractors, manufacturers and consumers who have suffered harassment or injury. She handles contentious business and commercial cases for both plaintiffs and defendants in state and federal court.
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Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
Texas
Can a prenuptial agreement be challenged in court?
I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Nicole P.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
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