No one goes into their Baton Rouge, LA marriage thinking about getting divorced. While it might seem like a downer to think about the potential end of your marriage when it’s just beginning, it’s a good idea to prepare some plans for your assets in this blissful era to prevent the possibility of an emotionally tense battle years down the line.
You can make some decisions about how to one day divide your assets by drawing up a prenuptial agreement. At Magnolia Law, we know how confusing the legal aspects of family law can be, and we can make your life easier by helping you make informed decisions about your assets before you enter into marriage.
If you decide to file for divorce from your spouse, you will need to determine how you will split up assets. While you might think that this will be easy, people and circumstances change, and it might be trickier than you foresee when the time actually comes. A prenuptial agreement, also called a prenup or a matrimonial agreement, is a legally binding contract that articulates how you will divide your assets in the event of a divorce. Drawing up a prenup is an effective way to protect your assets and avoid future conflict. Your document will address:
Anyone can file a prenup, but there are certain factors that can make the division of assets extra complicated. You should definitely consider drawing one up if any of the following conditions apply to your marriage:
While you can technically draft a prenup without a lawyer, divorce attorneys are well-versed in the complicated ins and outs of family law. Their skilled hands can guide you through all the steps involved in your prenup and help prevent any complications from arising. For example, if you go the route of a self-drafted prenup, the court may scrutinize it and question its validity, adding a bout of stress to an already difficult time for your family. If you choose an experienced family lawyer to work with you on a prenup, you won’t have to worry about these hurdles in the event of separation. Your lawyer can do all of the following and more:
You can write your own prenup in Louisiana if you and your partner both sign the document. You have to do this in front of the notary, and you have to have two witnesses there to witness the signatures. However, drawing up your own prenup can be complicated, and you might encounter legal disputes if you do one day divide your assets. Consulting a prenup lawyer when you decide you want a prenup can help streamline the process and ensure it is foolproof.
Negotiating a prenuptial agreement can be tricky and feel intimidating, but if you are open and honest with your partner about your needs, you are starting off right. You should consider what is in the interest of both you and your partner and consult with a lawyer for the most informed guidance about how to plan for the potential division of your assets.
If you want to draw up a prenup, you need to do it before you get married. Once you are legally married, the prenup goes into effect. If you want to change your agreement during the course of your marriage or if you are already married, you can contact a family lawyer about getting a postnup, which determines the division of assets for a couple that’s already married.
The price that your prenup will cost in Louisiana will depend on a wide range of factors, like the attorney you consult and what you want to address in your agreement. For example, the more assets you have, like properties or businesses, the more intricate your drafting process will be. Often, drawing up a prenup costs between $1,000 and $2,500, but you should consult with a lawyer to determine how much it will cost to draft yours.
When you’re preparing for marriage, you have a lot on your plate. The last thing you need is to take on the big task of drawing up a complex legal agreement on your own. Let us handle this for you. At Magnolia Law, we have years of experience helping clients draw up detailed prenuptial agreements in Louisiana and can help advise on what is right for your partnership. Contact us today to get started planning for your future.