Prenuptial and Postnuptial Agreements

Why Should I Establish a Prenuptial & Postnuptial Agreement?

Louisiana is a community property state, which means that all marital property must be divided 50/50. Sometimes this split can be seen as unfair, especially if one spouse ended up paying for most of their marital property.

Many couples create these matrimonial agreements in order to “opt out” of the community property regime and modify their own rules. While this “opt out” provision can be seen as a way to prevent the other from obtaining their property and assets, it can protect and defend their spouse from their party creditors from liabilities they may incur. In addition, couples can still own property together if they decided to do so based on the terms of their agreement.

The following are the common reasons why a couple may decide to get a prenuptial agreement:

• One spouse has a greater amount of property and assets than the other

• One spouse gives up a lucrative career in order to stay at home with children or follow the other spouse to a new geographical location

• One spouse has children from a prior marriage

• One spouse is part of a family business

You may want to consider a postnuptial agreement when your relationships changed due to the following:

• Birth or adoption of a child

• Change in career

• Inheritance