A postnuptial agreement is an important document in a Louisiana divorce case. It can resolve divorce issues before the couple files the divorce papers, saving the couple time, money, and frustration during the divorce process. However, because a postnuptial agreement impacts your rights during a divorce, it is crucial to have legal advice before you sign an agreement.
For decades, the Knight Law Firm, LLC, has served clients in northern Louisiana. Our family law attorney has two decades of experience representing thousands of clients. Whether you need an attorney for a divorce, child custody case, or other family law matter, you can count on our legal team to provide compassionate, trusted, and effective legal counsel.
If you’re going through a divorce in Ruston, Louisiana, contact Knight Law Firm, LLC at 318-323-2213 to schedule a confidential consultation with our Ruston postnuptial agreement lawyers.
How Knight Law Firm, LLC Can Help You With a Postnuptial Agreement in Ruston, LA
Postnuptial agreements are legal in Louisiana, provided they meet the requirements for a marital agreement. Either party can file a motion with the court to enforce the postnuptial agreement. At Knight Law Firm, LLC, we can help you negotiate a fair agreement that protects your rights and best interests.
When you hire our top-rated Ruston family law attorneys, you can trust we will:
- Listen to you to learn about your goals, needs, and concerns
- Explain Louisiana laws governing postnuptial agreements
- Discuss your priorities for a postnuptial agreement
- Negotiate a fair agreement with your spouse that protects your best interests
- Ensure the postnuptial agreement is legally binding and enforceable
A postnuptial agreement can help avoid costly litigation if you and your spouse divorce. By entering a postnuptial agreement now, you resolve the issues that could be sources of contention during a divorce. Generally, spouses are more willing to negotiate a fair agreement when they are getting along than when they are going through a divorce.
Call Knight Law Firm, LLC, to discuss your situation with an experienced Ruston postnuptial agreement attorney.
What Is a Postnuptial Agreement?
A postnuptial agreement is like a prenuptial agreement but is executed after the parties are married. These agreements dictate the details of financial matters if the spouses divorce.
Matters that spouses may address in a postnuptial agreement include, but are not limited to:
- Property that will remain separate and not subject to property division
- Whether the spouses are expected to reimburse each other for any expenses or amounts
- How marital property will be divided during the divorce
- An agreement regarding inheritance, estate planning, and life insurance
- How the parties will divide debts during the divorce
- Whether either spouse will receive spousal support and, if so, the amount and term of alimony payments
Agreements for child support and child custody in a postnuptial agreement are not enforceable. The court has jurisdiction over the final decision in these matters. Judges decide custody cases based on the best interest of the children. Child support is based on the Louisiana child support guidelines.
What Are the Requirements for a Postnuptial Agreement in Louisiana?
No rules require parties to divide property 50-50, even though Louisiana is a community property state. The parties can negotiate a property settlement agreement that works best for them. Unless the agreement is grossly unfair to one party, the court should enforce the postnuptial agreement.
Likewise, the parties may negotiate spousal support and other financial matters according to what they desire. Provided the postnuptial agreement meets the legal requirements under Louisiana law, the courts enforce these agreements.
The legal requirements for a postnuptial agreement in Ruston are:
- The spouses must make a full and fair disclosure of all assets and debts before signing a postnuptial agreement
- The agreement must be in writing and signed by both spouses
- The parties must be of legal age to enter into contracts
- The agreement must be witnessed and notarized correctly
Each spouse should have a separate attorney to advise them throughout the process and assist during negotiations. Because the spouses have separate interests regarding a postnuptial agreement, an attorney would have a conflict of interest if they represented both spouses.
Benefits of a Postnuptial Agreement
Spouses find that postnuptial agreements have many benefits, including:
- Spouses choose how to divide assets and debts
- A spouse with children from a previous marriage can protect their inheritance
- Spouses negotiate the terms with an attorney to avoid an unfair agreement
- Spouses have time to assess financial matters without the stress of a looming divorce
- A spouse can avoid being responsible for the other spouse’s debts
- Spouses can address income and assets that have grown after the marriage
- Spouses resolve the question of support and alimony after a divorce
Each situation is unique. Our legal team provides personalized advice based on your specific circumstances.
Schedule a Confidential Consultation With Our Ruston Postnuptial Agreement Attorneys
There are many reasons to enter a postnuptial agreement, including receiving an inheritance, a substantial income increase, and other financial concerns. Contact Knight Law Firm, LLC today to schedule a confidential consultation with a Ruston postnuptial agreement attorney to learn more.
