New Orleans Family Law Attorneys

Prenuptial and Postnuptial Agreements

Having a prenuptial or postnuptial agreement in place can be important in regardless of a couple’s amount of wealth. Prenuptial and postnuptial agreements can help secure your assets and eliminate the possibility of expensive or difficult battles in the future, in case of divorce.

New Orleans Family Law Lawyer Camille Patti has the experience necessary to draft your prenuptial or postnuptial agreement and help ensure your assets are always protected.

Prenuptial Agreements

A prenuptial agreement is a legal agreement between spouses-to-be. It is established prior to marriage and legally authorizes who has what rights to property, retirement funds, debts, and financial assets as a whole. A prenuptial agreement secures rights and support in the event of divorce.

In the state of Louisiana, a prenuptial agreement is also known as a “matrimonial agreement.” Because Louisiana is a community property state, without a prenuptial agreement, without a prenuptial agreement, all assets and debts that a couple has at the end of a marriage are presumed to be community property, or owned 50-50 by the divorcing couple. If you come into your marriage with significant assets, a prenuptial agreement can clearly identify what property belongs to you separately, and also allow you to opt out of the community property regime entirely. Prenuptial agreements in Louisiana can be done by private contract, without the need for judicial authorization.

Postnuptial Agreements

A postnuptial agreement is a legal agreement between two married individuals. It is simply a prenuptial agreement created after the marriage takes place, and it determines ownership of financial assets in the case of a divorce. In Louisiana, if you decide to enter a separate property matrimonial arrangement after marriage, you are required to have judicial approval to do so.

Reasoning and Importance

Even if you don’t have extraordinary wealth, if you or your spouse are entering a marriage with separate property, you should consider having a prenuptial agreement. These agreements can be helpful for all couples. They are especially necessary if one or both of you has significant debt or any amount of stake in a family business. Legally binding documents like prenuptial or postnuptial agreements allow for more financial independence for individuals, especially as traditional gender roles become less common.

Camille will guide you through the prenuptial and postnuptial agreement process in a way that ensures both parties understand the agreement and that all important issues are addressed accordingly.

Prenuptial Legitimacy in Louisiana

In Louisiana, the couple desiring a prenuptial contract is required to sign it before a notary and two witnesses, and all signatures must be collected prior to marriage. A court can invalidate a prenuptial agreement if these signatures are not received prior to marriage, or if the agreement doesn’t meet specific Louisiana rules, including:

• Both spouses need to sign the agreement voluntarily
• Both spouses need to disclose their assets/debts honestly
• Neither spouse can trick the other into signing the agreement deceptively

Camille has both knowledge and experience with Louisiana law and is ready to help you implement your prenuptial agreement.