Marital Agreements and Contracts/ Pre and Post-Nuptial Agreements
Experienced Louisiana Family Law Attorneys Fighting for Your Rights
Mansfield Melancon’s family law attorneys always strive to get the best outcome possible for our clients fighting for their rights when facing difficult family law issues. Of all the long-term relationships we experience throughout our lives, family ties are often the most private, enduring, and emotional. As most can attest, however, these relationships are rarely free from conflict. Often times it is better for the parties to have an agreement in place prior to or during the marriage to address issues that may arise if the relationship does not last. Mansfield Melancon’s family law attorneys provide personal and individualized attention and advice that clients need and deserve during what may be the most difficult times of their lives.
Many people think of a matrimonial or prenuptial agreement and say, “I don’t need one of those because I’m never getting a divorce.” What many people in Louisiana don’t realize is that a matrimonial agreement can be very different from what you see on TV or read about in the news and is generally crafted to explain to third parties how the property you acquire during your marriage will be handled in a variety of situations, not just during a divorce.
Louisiana is a community property state. By default, when you marry in Louisiana, you adopt the “community property regime,” which provides default rules of ownership and management of marital property, as it relates to each other, as well as third parties. People who reside in another state and later move to Louisiana also become subject to this regime.
A common option for many couples is to create a matrimonial agreement in order to “opt-out” of the community property regime before marriage, modify the legal regime before or after marriage, or even terminate the legal regime after marriage. The result of doing so is generally that the rules can be changed, allowing spouses to keep separate property while married.
This “opt-out” provision is seen by many couples not as a way to prevent the other from “getting their stuff,” but rather, to protect and defend their spouse from third-party creditors for any liabilities they might incur. Moreover, having a matrimonial agreement does not prevent a couple from holding property together. Generally, if you want to own something together, you put both your names on it and hold it as co-owners.
In Louisiana, you can enter into this type of contract before the marriage without court approval or during the marriage with court approval. Regardless, this can often be a complicated issue and you should contact a Family Law attorney at Mansfield Melancon to help navigate you through these issues.
Schedule a Consultation with a Family Law Attorney at Mansfield Melancon today!
If you are in need of reliable legal advice regarding your best available options when dealing with marital agreements and contracts, contact a family law attorney at Mansfield Melancon immediately to make sure your rights and interests are being protected. We are committed to guiding the people whom we represent through the legal process with experience and personal attention.
Our firm also has a strong track record of getting optimal results for our clients.
Our offices are conveniently located in New Orleans, Baton Rouge and Lafayette. Call us or contact us online to schedule a consultation with a Louisiana personal injury lawyer. You can reach us at our New Orleans location at 504-500-1108, our Baton Rouge location at 225-612-0800, or our Lafayette location at 337-409-0003.