No newly engaged couple in Louisiana, or elsewhere for that matter, wants to consider the fact that the marriage might not work. Even so, planning for the possibility is a wise choice. Prenuptial agreements can make the divorce process easier if they are needed.
Considering a prenup also encourages couples to discuss money matters, which remains one of the biggest points of contention in many marriages. Understanding the assets and liabilities that each party is bringing to the marriage can help determine a financial course of action. Discussing finances will also help determine whether the parties are on the same page, and if not, they can come to a compromise with which both of them is satisfied.
It is not only assets that need to be identified as separate property in a prenuptial agreement. Many Louisiana residents go into their marriages with their own debts as well. If the marriage did end, neither party would want to be saddled with a debt belonging to the other. Listing these debts and agreeing that the person who incurred them will pay them could eliminate another potential source of conflict in a divorce.
Negotiating and executing a prenuptial agreement should be done well in advance of the wedding. Each party needs to have the opportunity to have it at least reviewed by an attorney prior to signing it, and there should be no doubt that it not signed free of duress or coercion. Otherwise, a Louisiana judge might invalidate all or part of the agreement, which would only complicate the divorce process since the parties could be forced to go back to square one and renegotiate everything anew.
Source: businessinsider.com, “Here’s why every couple should get a prenup“, Emmie Martin and Libby Kane, Nov. 15, 2016