Pre-Marital & Post-Marital Agreements: What Louisiana Couples Should Know

Whether you're preparing for marriage or already married, pre-marital and post-marital agreements can offer clarity and protection for both parties, especially when it comes to asset division. In Louisiana, property laws can be complex, and a well-drafted agreement provides consideration for all the intricacies of both separate and community property and how they could affect your future.

Why Should You Consider an Agreement?

In Louisiana, when a couple marries, separate property can easily become mingled with community property. In the event of a divorce, this can create significant challenges in determining which assets belong to each spouse. A pre-marital or post-marital agreement offers a proactive way to define the division of property and assets, ensuring both spouses have a clear understanding of their rights.

Key Points to Remember:

• Full Disclosure: Both partners should fully disclose all assets and liabilities before signing any agreement. Failure to do so can lead to the agreement being invalidated later.
• Voluntary Signing: Both parties must agree to the terms voluntarily. If one spouse feels coerced or forced into signing, the agreement may be unenforceable.
• Independent Legal Representation: It's highly recommended that each party seeks their own attorney. Having individual legal representation ensures that both sides understand the agreement, preventing future disputes. 

Louisiana’s Legal Framework

Louisiana law follows the Civil Code regarding marital property, which includes both separate property (owned by one spouse before marriage) and community property (assets acquired during the marriage). A well-drafted pre-marital or post-marital agreement allows couples to clearly define how their assets will be classified and divided in the event of divorce, offering peace of mind and clarity for both parties.

Why You Need an Attorney

Drafting a legally binding pre-marital or post-marital agreement requires professional expertise you can trust. An experienced attorney can ensure that the agreement is valid, enforceable, and that both parties’ interests are protected. At Oriol Law Firm, we specialize in family law and can help you create an agreement tailored to your unique needs.

If you’re considering a pre-marital or post-marital agreement, it's important to work with a lawyer who thoroughly understands Louisiana’s legal landscape. Contact us today for dependable, sensitive guidance throughout this process to help you look forward to a more secure future.