Thursday, December 6, 2012
Elizabeth Ruth Carter (Assistant Professor, Paul M. Hebert Law Center) recently published her article entitled Louisiana Prenuptial Agreements: Issues for Contemporary Spouses, 42nd Annual Estate Planning Seminar (Oct. 2012). The abstract availabe on SSRN is below:
Prenuptial agreements can benefit nearly all couples. The stereotypical second-marriage couple and the couple with a large wealth disparity remain candidates for prenuptial agreements. But, the market is much larger than that. All couples, particularly those in Louisiana, can benefit from a prenuptial agreement. The default legal regime of community property presents a number of likely unintended and unexpected consequences for many spouses. Moreover, modern spouses likely have different concerns than the stereotypical prenuptial agreement candidates. This paper examines important demographic changes among married couples and attempts to identify some possible concerns and scenarios raided by these changes that could be addressed in a prenuptial agreement.