More People Consider A Prenuptial Agreement
When a couple in Louisiana decides that they will marry, there are many different discussions that typically take place. Discussions must be had about whether and how many children are desired, about professional ambitions and living arrangements. Additionally, some recommend that aprenuptial agreement be a topic of conversation even before decisions are made about wedding venues.
There are many benefits to creating a prenuptial agreement. It allows couples to be honest with one another regarding their financial status and how they want their assets to be divided if their marriage were to end in a divorce. Unfortunately, not all agreements are enforceable. In many cases, agreements that are found to have been signed under duress will likely not hold up in court.
There are a variety of different scenarios that could be considered duress. For example, if the agreement is only mentioned for the first time days before the wedding, a person may feel obligated to sign in order to prevent being humiliated by a last minute cancellation of their nuptials. Similarly, if the agreement is only presented after the couple move into a house that is expected to be the marital home, it could later be ruled that it was signed under duress.
While most people may be nervous about the topic of a prenuptial agreement, it is an important discussion to have early on in an engagement. By waiting too late to ensure that both sides have an opportunity to carefully consider the terms of an agreement and have independent attorneys review it, it may not be upheld in court if the marriage leads to divorce. An experienced family law attorney in Louisiana can help ensure that such an agreement is both fair and enforceable.
Source: The Huffington Post, “The Prenuptial Agreement Cannot Be a Secret“, Fred Silberberg, March 10, 2015