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Craig E. Gibbs, Attorney at Law - Criminal, Family Law, Attorney
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How to convince someone a prenuptial agreement is worthwhile

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Most engaged partners in Louisiana believe that their marriages will last forever. However, it is possible that a marriage will come to an end. If that happens, assets that have been in a family for generations could be lost to a spouse in a divorce settlement. The use of a prenuptial agreement can help to prevent that from happening.

Alternatively, assets could be put into a trust in an effort to safeguard them from being divided in a divorce. The trust could have language saying that the married beneficiary cannot receive a distribution from the trust unless a prenuptial agreement is in place. To convince an adult child to get a prenuptial agreement, it may be best to start discussing the topic before a wedding is on the horizon.

Planning ahead can increase the odds that the agreement will be seen as a way to protect the family's legacy and ensure that assets are available for future generations as well. This also provides an opportunity for the child to get a full accounting of the family's finances. Furthermore, it can reduce the chances that an adult child will see the request for a prenuptial agreement as a prediction that the marriage won't last.

The end of a marriage can be an emotional experience, which may result in a spouse making questionable decisions as it relates to a divorce settlement. With a prenuptial agreement, each party knows how assets will be divided and if either party is entitled to spousal support. An attorney may review a prenuptial agreement to determine if it is still enforceable. If there are any questions about the agreement, an attorney could assist in resolving those issues in a favorable manner.

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Craig E. Gibbs, Attorney at Law
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