HOW TO CONVINCE SOMEONE A PRENUPTIAL AGREEMENT IS WORTHWHILE

On behalf of Craig E. Gibbs, Attorney at Law posted in divorce on Monday, May 14, 2018.

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.

Tags: Divorce

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