Once seen as a black cloud over an otherwise joyous occasion, marital chords have begun to lose their sinister reputation in recent years. Many couples today view marital agreements as an appropriate precautionary measure against the unexpected, not as a prognosis of the fall. In fact, some couples report that the process of cooperation for the creation of a marriage agreement has actually helped to improve their relationship by promoting communication and some of the “what if?” -relieving the worries that many people experience before they get married. Protect your property. If you are a real estate owner, a matrimonial agreement can determine what is a common property in your marriage and what is not. Owners or partners of a business, non-profit organization or business should keep in mind that your spouse can claim more than half of the increase in the value of your business. When creating a prenup, you should aim for two objectives: a fair trial and a fair trial. While the courts may have different views on what is and what is not, the process by which the prenup is negotiated and the terms of the agreement are generally the same in all 50 states. Even if there is a will, a marriage agreement can clarify and amplify expectations to avoid costly legal disputes that are ultimately swept away on the property. Art. 2330. Limits on contractual freedom.
Spouses cannot renounce by agreement before or during marriage, or change the matrimonial part or established order of succession. Nor can spouses restrict the right of a spouse, who, under the only final regime, imposes on the Community or to alienate, incriminate or rent common property against third parties. Acts 1979, 709, No. 1. In addition, under Louisiana law, a matrimonial agreement cannot be used to restrict a spouse`s right to housing in the event of a divorce. Also known as spousal assistance, support can be ordered by a judge to address an unfair economic disadvantage that a spouse may suffer as a result of a divorce, for example. B if a parent stays at home without income. You don`t feel that the prenup is right. They should never be forced to sign a prenup. If you feel that a marriage agreement is strong in favour of one spouse vis-à-vis the other, do not sign. Always make sure that a lawyer has checked the agreement before you accept anything.
Also, if you and your spouse agree with your state`s divorce law, it would be pointless to create a marriage agreement. Marriage contracts are generally also a good idea for couples who marry later in life, when each spouse has likely acquired significant assets such as savings accounts, real estate, equity portfolios or pension plans.