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Matrimonial Contracts

Lighthouse Notary Services - Notarial Services - Matrimonial Contracts

Matrimonial Contract Basics

The Concerned Fiance

"You want me to sign what?", the fiancee exclaimed to her beloved. "A prenupt - - - its to protect both of us", he responded. "So totally unromantic!", she shouted.

Yes. In the media, matrimonial contracts have been portrayed as unromantic, or a fiance trying to take advantage of a fiancee, or even something only for the rich and famous. But like Hurricane Katrina, unforeseen events can happen in life that can be devastating. A matrimonial contract can help ease tensions, burdens, and predetermine answers to the dreaded "what if?" question.

What Can A Prenuptial Agreement Do For You?

A Prenuptial Agreement covers a variety of issues, for an example, can establish what each spouses' financial rights will be in the event that the marriage ends. Subsequently, it can establish property rights; what property is separate and what property is community. How each spouse will be responsible for each other's debts is another issue. Moreover, it does not matter if the marriage ends in death or divorce, as such, other issues it can cover are:

  • Provisions for children from prior marriages
  • Heirlooms and property from family
  • Estate plans, and retirement assets

What Can't You Do With a Prenuptial Agreement?

In Louisiana, there are some limitations. You can't touch on child custody rights or child support. Moreover, issues of temporary alimony (spousal support), or limit the amount of final alimony. In addition, issues of sexual activity between spouses, as well as the disposal of property belonging to one spouse given to a third party.

But Aren't Prenuptial Agreements Only for the Rich and Famous?

No. They are for everyone! Some reasons why to get one are as follows:

  • One spouse has greater debt than the other.
  • Children from a previous relationship.
  • One spouse has greater assets than the other.
  • A large volume of family heirlooms or property.

 

Postnuptial Agreement (Postnupt)

While its best to do a prenupt, you can still do a matrimonial agreement after being married. However, postnupts generally require court approval. Persons who have recently moved to the state, however, can execute a postnupt without court approval within one year from the date that they moved to the state.

Community Property Partition

A divorce only ends the marriage. So what happens to the stuff? That's where a Community Property Partion enters the scene. This document is the party's agreement on the division of the "stuff" accumulated during the marriage. This instrument can be used in the event that you didn't execute a prenupt or postnupt, or along side if the said documents don't cover everything you've accumulated.

About Us

Lighthouse Notary Services provides mobile notary services in the Greater New Orleans area, North shore and River Parishes. Lighthouse Notary Services can draft and execute many different types of legal instruments, many having immediate legal effect.

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  • 7809 Airline Drive, Suite 201, Metairie, LA 70003 Address
  • Phone: 504.298.DOCS Phone
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