Baton Rouge Prenuptial Agreement Attorney
Prenuptial agreements are entered into prior to marriage and allow couples to determine their property rights and responsibilities throughout their marriage and during changes in their lives. When done well, this agreement can leave spouses more assured in their relationship and financial stability. Help from a Baton Rouge prenuptial agreement lawyer while negotiating or creating your agreement is important to protect the rights of each spouse.
It’s important that you find the right attorney to help you draft a marital agreement and that your legal support is dedicated to helping you and your partner work together to support your family.
Longman Jakuback: Experienced Prenuptial Agreement Representation
At Longman Jakuback, we understand the importance of marital agreements. These contracts can help you and your partner navigate important aspects of your marriage and plan for a future where you are both financially protected. Our team provides professional and compassionate legal counsel, helping couples understand the complex terms of the agreement and the options available to them.
Legal representation can help spouses more easily negotiate the terms of their prenuptial agreement and ensure the final agreement will be enforceable in court. You want your legal support to be honest and communicative with you, whether the agreement can be drafted immediately or takes time to discuss.
Understanding Prenuptial Agreement Basics
Prenuptial agreements are contracts between spouses to determine how to handle separate and marital property and debts. Primarily, the agreement determines each spouse’s rights and responsibility to their property if they divorce or separate. This enables spouses to avoid lengthy discussions during the divorce process and prevents them from having their property divided by the court.
There are numerous other situations that prenuptial agreements can address, including:
- Which assets remain separate and which will be considered marital property during and after a marriage
- The rights and responsibilities of a surviving spouse to assets and debts if the other spouse passes
- If there will be reimbursement for assets or spent finances during the marriage
- Whether spousal support will be awarded in a separation
- The ability of each spouse to sell, transfer, invest, or otherwise control an asset
- How and when the terms of the agreement can be modified
Prenuptial agreements generally only determine financial outcomes in marriage and divorce. Property division is one of the lengthier aspects of the divorce process, so a marital agreement can make the process easier. A prenup cannot, however, determine child support or child custody prior to a separation. These decisions must be made in the child’s interest at the time of the separation.
Who Can Benefit From a Prenuptial Agreement?
While nearly any couple can benefit from the financial security and openness provided by a prenuptial agreement, there are some couples that can secure even greater benefits from a prenup. You may especially benefit from a prenuptial agreement if:
- Either or both of you are entering the marriage with children from prior relationships, and you wish to protect their inheritance rights.
- You or your spouse has significantly more assets or property that you wish to protect/
- Either or both of you own a business.
- You or your spouse is planning on being under or unemployed to care for a home, move to a new location, or care for children, affecting your income in the long-term.
- You or your spouse is bringing significant debts into the marriage that you wish to protect the other from being responsible for.
- Either spouse is concerned about access to retirement benefits.
Some people wrongfully assume that creating a prenuptial agreement is expecting the marriage to fail. Creating a marital agreement can actually strengthen marriage when done properly. Couples are able to discuss crucial financial matters, their concerns for their own financial future, and find solutions to these issues. This openness can help their relationship’s foundation, and the financial security can in turn make couples more secure in their marriage.
FAQs
A: The cost of a prenup in Louisiana varies depending on the property you own, the complexity of the proposed prenuptial agreement, and the attorney you work with. While it can be tempting not to hire an attorney to save costs, it is likely to cost you more in the long run. Without a Baton Rouge Prenuptial Agreement Lawyer, the agreement is less likely to be enforceable, and you may not get the financial protection you are looking for. An attorney’s fees depend on their experience and your unique case.
A: The rules for prenuptial agreements in Louisiana are based on contract law and public policy. Some of the rules include:
- The agreement is in writing
- Each party signs the agreement and has the capacity to do so
- The agreement is notarized and witnessed
The rules for a prenuptial agreement in Baton Rouge, LA can differ depending on the parish. It is important to work with a skilled attorney to ensure you meet the requirements of a legally enforceable prenuptial agreement.
A: One of the primary disadvantages of a prenuptial agreement is that it can be a waste of time and resources if it is deemed unenforceable by the court. The court may determine that the agreement is unfair to one spouse or has unenforceable provisions under public policy. In some cases, a prenuptial agreement may be unfair to one spouse but is not voided by the court, leading to that spouse facing financial hardship. These disadvantages can be avoided by working with an attorney and avoiding unfair or unenforceable agreements.
A: A Baton Rouge Prenuptial Agreement Lawyer is incredibly beneficial for drafting and filing a prenup in Louisiana, although you are not legally required to have a lawyer present. Filing without legal support can be complex and lead to mistakes that impact you well into the future. Prenuptial agreement attorneys know how to navigate the process of negotiating and drafting an agreement, helping parties reach an enforceable agreement that meets their needs.
Creating a Prenuptial Agreement That Protects Your Future
The most effective prenuptial agreements are those where couples collaborate and discuss financial issues together. At Longman Jakuback, we want to help you and your partner discuss and create a strong marital agreement. Contact our firm today.