A wedding is a beautiful event that is meant to celebrate the love and union of two people. But once the big celebration is over, a marriage is a partnership and commitment of a couple who join their lives together.
Sometimes thinking about life after the honeymoon is a lot more “real world” than the idea of the typically happy ending of a Jane Austin novel. One particular subject that can be tough, but necessary for people to touch on, is a prenuptial agreement.
Many argue it takes the romance out of a marriage, but in actuality it can act as a safety net for life’s unexpected twists and turns.
Prenups are becoming such a common occurrence that there are websites like Hello Prenup popping up to help couples draft an agreement completely online.
While we appreciate most advancements in technology, we prefer to get our legal advice from someone local and reached out to attorney Brittany V. Carter to answer a few questions for those looking for a little more information.
Before bringing legal counsel into the mix, it’s important for a couple to begin the conversation themselves, being as transparent as they can. When it comes to joining lives and assets, Carter stresses sharing goals, both individually and collectively, with each other, as well as being open about all assets and debts that might be brought into a partnership. “The topic of whether or not to have children should also be discussed,” says Carter, “as well as what provisions should be put in place to protect the parties and the children, should the couple have children, whether planned or unplanned.”
When it comes to putting a prenup into your wedding planning timeline, Carter shares that while the actual process of drafting and executing the agreement should only take about a week, she suggests at least a month to discuss any issues as they arise throughout the conversation that may need to be worked through between the couple.
“After deciding all issues, the actual process of drafting and executing the marital agreement should only take about a week at most,” said Carter. “Both parties should have the opportunity to meet with their respective independent legal counsel to review the drafted agreement, one of whom will likely actually draft the agreement. If anyone waives the opportunity to meet with legal counsel, it should be included in writing in the language of the marital agreement. After review and approval, both parties and their respective counsel, if applicable, sign the agreement in front of a Notary Public and two witnesses. There is also the option of then recording the document in the conveyance records of your local courthouse to preserve the agreement on file, should any issues arise at any point surrounding the terms of the agreement.”
Once an agreement is decided upon, a couple and their legal counsel would then sign the agreement in front of a Notary Public and two witnesses. Carter also shared that there is the option of recording the document in the conveyance records of your local courthouse to preserve the agreement on file. This, Carter shares, is in case any issues arise surrounding the terms of the agreement.
For those already married, considering setting legal terms can execute a marital agreement referred to as a postnuptial agreement, which Carter shares often requires a court order and judge’s approval in order to deviate from Louisiana’s standard community property regime.
No matter what religious or spiritual path the couple may take, a marriage is a legally binding pact and that should be taken into account before saying, “I Do.”
“I believe it is important to at least consider the option of implementing a marital agreement of some sort, regardless of what assets each party may have prior to entering into the marriage,” said Carter. “The future is always uncertain, and protective measures, if handled ethically and transparently, are wise to consider and potentially put into place to protect both parties and the strength of their union.”
