NEW ORLEANS (N)- The Louisiana Supreme Court has found that ratifying marriage contracts is a temporary part of participation. Gone are the days when the evocation of a prenup could derail a relationship or cause hurt feelings. A good marriage contract should protect both spouses in the event of divorce and open an honest and thorough financial interview before marriage. A legally binding marriage contract can be very difficult, if not impossible, to break in Louisiana. If you want to break a prenup, you usually have to prove one of the following proofs: «The dispute occurs here because Louisiana law creates greater obstacles to matrimonial procedure during a marriage than before a marriage,» said David D. Meyer, law professor and dean of Tulane University Law School, the Louisiana Record. «Agreements made during a marriage require judicial review to ensure that the terms are in the `best interest` of the spouses, a guarantee that is not necessary for pre-marital agreements.» The plaintiff in the case, Danielle Deon Dickerson Acurio, married Dr. Michael Thomas Acurio in 1998, but the couple divorced in 2000. Two years later, in 2002, the couple remarried, but this time they entered into a marriage contract. A marriage contract determines the amount of ownership and financial rights of each spouse if the marriage ends, whether by death or divorce. Marriage contracts can deal with a large number of topics, including: Judge Marcus Clark ruled that, pursuant to Louisiana Civil Code Section 2331, proper recognition of the parties` signatures on the marriage contract was necessary and failure to make such recognitions prior to marriage invalidates the agreement.

If you have any questions about marital arrangements or would like to create a marriage or estate contract, contact Candice Bennatt Law at 504-777-3500 to arrange a consultation. Let our knowledgeable team answer all your questions and design a marriage contract that is ripe for you. If you need help establishing a marriage contract that meets your needs and is enforceable under Louisiana law, contact an experienced family law attorney. Marriage contracts are legally binding in Louisiana and can be extremely difficult to break. You must prove that the agreement was not executed properly, that it contains unfair provisions or that you were forced to sign under duress, etc. If there is enough evidence, your attorney could ask for the deal to be set aside in Louisiana, and it`s up to the court to decide. Once seen as a dark cloud over an otherwise joyful occasion, marriage contracts have begun in recent years to dissipate their sinister reputation. Many couples today view marriages as a reasonable precaution against the unexpected – not as a prediction of the end. In fact, some couples report that the collaborative process to create a marriage contract has actually helped improve their relationship by promoting communication and some of the «what ifs?» Soothes the fears that many people experience before marriage. Marriage contracts can do a lot of different things, but there are a few topics they can`t cover. For example, a marriage contract generally cannot be used to determine the custody or maintenance obligation of the children, since the courts are empowered to rule on these matters in order to protect the best interests of the child.

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