Prenuptial Agreements

Prenuptial Agreements in Baton Rouge, Louisiana

How a Baton Rouge Family Attorney Can Help You

The day you walk down that aisle and pledge to spend the rest of your lives with the person standing by your side, the last thing on your minds is what can happen if things do not work out. Everyone pictures a perfect marriage that lasts forever, but the statistics are stacked against you and the hard truth is that many unions end in divorce.

The subject of family finances is pretty complicated these days, with dual incomes and blended households becoming a part of the norm. A prenuptial agreement is a way for couples to ensure that, should things go awry in the future, their assets will be protected. Whether you have been asked to sign a prenuptial agreement before your wedding, or are simply looking to protect your financial interests in the future, it makes sense to speak with an experienced Baton Rouge divorce lawyer to learn what your options are.

By contacting The Layfield Law Firm you will get the benefit of Beau Layfield's years of experience in all aspects of family law, including prenuptial agreements.

Establishing a Prenuptial Agreement

Making the decision whether or not you need a prenuptial agreement can be one of the most important parts of your wedding plans. If you are unsure whether or not a prenuptial agreement is right for you, you should consider factors such as:

  • you have more income or assets than your future spouse;
  • you want to protect your personal business you acquired before your marriage;
  • you have an inheritance in your name or are expecting to receive one in the future;
  • you have children from a previous marriage and would like to protect their financial future;
  • you want to decrease your financial liability and/or protect the wealth you have accumulated over your lifetime; or
  • you have incurred extensive debt related to your education and are planning to start your marriage right at the moment when the fruits of your hard work are beginning to ripen.

If any of the above situations apply to you, then a prenuptial agreement or separate property regime might be the right option. The Layfield Law Firm provides pre-marriage consultations and evaluations so that the consequences of your future marriage are well understood before you take that step. Contact Beau Layfield today and he can help walk you through the process.

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    Our FAQ

    Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 225-283-1374 today!

    • How will custody of my child be decided?
      It is possible for you and your spouse to come to a decision regarding child custody without the court intervening.

      However, if you and your spouse cannot come to a custody terms agreement, the court will decide for you, and will look at the following:

      • the child's gender and age;
      • the child's mental and physical health;
      • the child's relationship with each parent;
      • the parents' respective lifestyles;
      • each parent's ability to provide basic necessities for the child, including shelter, food, and clothing; and
      • the child's preference (if they are of a certain age).
    • Do I need a lawyer in a personal injury claim?

      • Insurance company studies show that those who have legal representation in their case recover an average of 3.5 times more than those who try to get the issue resolved on their own. Insurance companies do not like to pay out large settlements, and frequently move fast with an offer, within days of a car accident or other serious injury accident. If you accept this early offer, it can be a terrible mistake; you may later require more medical treatment, or not recover in the expected amount of time, or could experience complications. I will carefully evaluate your injury case and ensure that we are pursuing every type of damage that could be claimed in your case. It is very important that you have legal counsel that will protect your right to fair compensation, and I will fight for fair treatment for you and your family. A personal injury lawyer is imperative if you suffered serious injuries. I am a Louisiana attorney that is interested in helping your resolve these issues.

    • How long will the divorce process take?

      The length of your divorce proceedings will depend on different factors, which include how long it takes to serve divorce papers to your spouse, whether your spouse is willing to waive their rights to service and notice of trial, whether you have minor children from the marriage and legal delays. Typically, it will take 20 to 40 days to receive a divorce judgment from the court after papers have been served. If your spouse decides to waive his or her rights to service and notice of trial, the judgment can come swiftly. It is important to note that a judgment does not become finalized until the 30-day "appeals" window has ended.

      Another important point to note is that you must be living separately from your spouse for six months (or longer if there are minor children from the marriage) before being able to file a petition, unless there are extenuating circumstances, such as your spouse committed a felony. Securing an attorney for legal representation may result in your divorce process being resolved much faster than you attempting to navigate the proceedings on your own.

    • Do I have to go to court in order to obtain a divorce?

      Filing divorce papers with a court is the only way you will obtain a legal separation from your spouse. This applies to any other form of legal separation, including a marriage annulment. Aside from the divorce decree itself, a court is able to assist in settling other matters related to divorce, which include child custody and the distribution of marital assets.

    • Should I take a settlement offer?

      It is never a good idea to settle an insurance claim before speaking with a knowledgeable personal injury attorney that has experience with injury accident cases. Insurance companies have tactics they use to deny claims, redirect fault, and withhold available compensation. An insurance claim can be a complicated process and insurance adjusters can be intimidating to accident victims. An insurance company may assert that the injuries are not as serious as claimed, and attempt to settle quickly for a low amount.