Lake Charles Prenuptial Agreement Lawyer

Lake Charles Prenuptial Agreement Attorney

Many people think that a prenuptial agreement only benefits the more affluent spouse, but an effective agreement can assist both parties in a marriage. Instead of leaving asset distribution to the courts if you get a divorce, choose how to divide them on your own terms in advance. If you don’t plan ahead with a skilled Lake Charles prenuptial agreement lawyer, it can lead to court battles and expensive litigation.

Fighting for Our Clients With Compassion

At the Godley Law Firm, family law litigation is personal. Life has connected us with people from a variety of backgrounds. Paired with experiencing divorce both as a spouse and as a child, we understand how draining a divorce can be from having lived it ourselves. Our representation is respectful of our clients’ concerns and works to avoid unnecessary arguments.

Legal Requirements for a Prenuptial Agreement

There are several legal requirements for a prenuptial agreement. It has to be done in writing and prior to the marriage. Both parties must accept the stipulations of the agreement. If one spouse can be proven to have been coerced into making the document, it can be a reason to nullify it in the future. Changes can be made to the agreement during marriage, but both parties must accept the modifications.

An experienced divorce lawyer can ensure your agreement is legally sound and enforceable. It’s also important for each spouse to be fully transparent about their finances while creating the agreement. If some assets are hidden, this could void the whole agreement. Each spouse has to list their assets and debts honestly, including their income, which in Lake Charles is $35,847 per person on average.

There are also some topics that can’t be enforced in a prenuptial agreement, like who gets custody of children or how much you pay in child support. The court retains the authority to approve or reject any custody arrangement, prioritizing the child’s welfare over any prior contractual terms.

Elements of a Prenuptial Agreement

A prenuptial agreement can protect many different types of assets. It can also save time and money in the event that a marriage ends. Every agreement is different, but many prenuptials include:

• Property ownership. Louisiana has strict community property laws that dictate how things are divided in the event of a divorce, and can include investments, family inheritances, or real estate. In Lake Charles, the average home is valued at $204,000.
• Business interests. If one spouse has a business, a prenuptial agreement can either allow or prevent a spouse from receiving ownership of the business or shares of the company in a divorce settlement.
• Debt responsibility. A prenuptial agreement can outline who owes what debts to whom if the couple gets divorced. If one spouse owes an excessive amount of debt coming into the marriage, their obligations can financially harm the other spouse if they are made to pay a portion of them.
• Spousal support. In Lake Charles, spousal support can be part of a prenuptial agreement, allowing couples to predetermine whether one spouse will receive alimony and under what terms in the event of a divorce. However, the court may review and potentially modify or reject these provisions if they are deemed unfair or unconscionable at the time of enforcement, as Louisiana law prioritizes equitable outcomes.
• Retirement and investments. Certain assets, like retirement and investment accounts, may be handled differently from other forms of property. In some cases, a couple may want to protect hard-earned interests that they entered the marriage with.

Hiring a Godley Law Firm attorney ensures your prenuptial agreement complies with Louisiana’s unique community property laws and specific requirements for matrimonial agreements, increasing its chances of being upheld in court if needed. They can tailor the agreement to protect your assets, like retirement accounts or property, while addressing regional factors such as the area’s industrial wealth or family law trends.

A knowledgeable prenuptial agreement lawyer can help you file your prenuptial agreement with the Calcasieu Parish Clerk of Court’s Office. They can also negotiate terms, anticipate challenges, and avoid common pitfalls that could invalidate the agreement under state law.

FAQs:

Prevent Future Legal Disputes With the Help of Our Prenuptial Agreement Lawyer

Prenuptial agreements are a great way to strengthen a marriage and can help both spouses understand their financial landscape before they get married. They help prevent conflict by making things clear ahead of time. However, these agreements have to be created carefully to avoid vague language and follow Louisiana law. For guidance, schedule a consultation with the Godley Law Firm.