Why you might want a postnuptial agreement

On Behalf of | Jun 1, 2021 | Divorce, Prenuptial And Postnuptial Agreements |

Louisiana courts generally recognize the validity of postnuptial agreements, and they are often used to negotiate the terms of a divorce before a marriage comes to an end. As the name implies, these agreements are reached after a wedding takes place. There are several reasons why it may make sense to consider creating a custom marriage contract with your spouse.

Did you start a business after getting married?

In most cases, a business is considered to be a joint asset. However, it may be possible to use a postnuptial agreement to stipulate that you are to retain full control of your firm in a divorce.

Have you received an inheritance?

Typically, an inheritance is considered to be a separate asset that is not subject to state property division laws. An exception to this rule may be made if the inheritance is commingled with other joint assets. This may occur if you deposited the money that you received into a joint account. The language of a postnuptial contract can specify that anything that you inherit is to remain in your possession in the event of a divorce.

Do you regret not getting a prenup?

It’s not uncommon for individuals to regret not coming to terms on a divorce settlement prior to getting married. This is because it can be used to protect your child’s inheritance, protect yourself in the event that your partner dies or for other reasons that have nothing to do with not loving your spouse. A family law attorney may be able to help you with the process of negotiating a reasonable postnuptial agreement with your spouse.

An attorney could provide more insight into the potential benefits of a postnuptial agreement and review the terms of a proposed agreement before they go into effect. This might make it easier to understand what you’re agreeing to before you sign the document.