Making The Complex

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Is a postnuptial agreement right for you?

There is a lot to consider when thinking about ending a marriage, like property division and living arrangements. This can be a lot to take on when already dealing with the emotional impact of divorce. However, there may be a solution for those who are considering divorce or who simply want an added layer of protection in their lives — a postnuptial agreement.

Most people in Louisiana are probably already familiar with prenuptial agreements. Postnups offer most of the same protections, but couples create and sign these agreements after getting married rather than before. A couple might create a postnup because:

  • They need to update their prenuptial agreement
  • They are seeking reconciliation
  • One partner is starting a business

Life changes all the time, and if one spouse starts earning more or another loses a job, it might be necessary to create a postnuptial agreement that reflects their new reality. A postnuptial can also give confidence to a couple that is seeking reconciliation, as they will both know that they are protected should things not work out. A postnup is also helpful when going into business, as it can prevent an ex from taking a portion of a business with which he or she was never even involved.

A postnuptial agreement is not an indication that a couple will get divorced. However, the reality is that even married couples who were once very happy sometimes decide to end things. In this event, it is usually best to have at least some protection for one’s financial future. Both pre- and postnuptial agreements can provide that protection, although it may be wise to seek guidance before signing anything.


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