Changing a prenuptial agreement after marriage – It’s difficult but possible

For many couples, a prenuptial agreement is a practical measure taken to protect their assets and financial interests before entering into marriage. But what happens if circumstances change and you want to modify your agreement after tying the knot? At The Johnson Firm, our Lake Charles divorce attorneys often encounter clients seeking to adjust their prenuptial agreements post-marriage, and it’s important to understand the legal framework governing such changes in Louisiana.

Modifying a prenuptial agreement post-marriage

In Louisiana, couples have the option to modify their prenuptial agreements after they are married. However, it’s not as straightforward as simply agreeing to changes between spouses. 

According to Louisiana Civil Code Article 2329, any modification to a prenuptial agreement post-marriage must be made through a joint petition submitted to the court. This is a crucial step because the court must review the proposed modifications and determine that they serve the best interests of both parties involved.

The process

1. Joint petition – Both spouses must come together to file a joint petition. This petition should clearly outline the changes they wish to make to the existing prenuptial agreement.
2. Court review – Upon receiving the joint petition, the court will review the proposed modifications. The key factor the court considers is whether these changes serve the best interests of both parties. This may involve examining the reasons for the modifications and ensuring that no party is unduly disadvantaged.
3. Legal representation – Given the complexities involved, seeking legal representation from a firm experienced in marital law is advisable. At The Johnson Firm, our attorneys can help draft the joint petition, articulate the rationale behind the proposed changes, and represent both parties during court proceedings.

Dissolving a prenuptial agreement

Alternatively, Louisiana law allows couples to dissolve their prenuptial agreement completely, thereby submitting themselves to the state’s community property regime. This can be done without a court order but should be approached carefully and would need to be mutually agreed upon.

Steps to dissolve a prenuptial agreement

1. Mutual agreement – Both parties must agree to dissolve the prenuptial agreement. This consensus is crucial as it ensures that both parties are willing to transition to the community property system, which dictates that most assets acquired during the marriage are presumed to be owned jointly.
2. Legal documentation – Even though a court order is not necessary to dissolve a prenuptial agreement, it is wise to have formal documentation drafted that outlines the dissolution. This document should be legally recognized and can serve to prevent any future disputes.
3. Consult an attorney – Consulting with a knowledgeable attorney is recommended to ensure that the dissolution is handled correctly and that both parties understand the implications of moving to a community property regime.

How The Johnson Firm can support your marital agreement needs

At The Johnson Firm, we specialize in providing comprehensive guidance and representation in matters of marital agreements. If you are considering changes to your prenuptial agreement or have questions about transitioning to a community property regime, our experienced team is here to assist you every step of the way. Remember, handling such significant changes through proper legal channels is crucial to protecting your rights and interests.

For more detailed information or to discuss your specific circumstances, contact The Johnson Firm today. We are committed to ensuring that your marital agreements align with your current needs and future goals.