A Louisiana postnuptial agreement is a contract that outlines the distribution of certain assets upon divorce or death, signed after marriage. Unlike prenuptial agreements signed before marriage, postnuptial agreements come with specific requirements if made after the first year of marriage in Louisiana.
Legal Considerations
- Signing Requirements: Both parties must sign it and submit it to a court for approval. (La. Civ. Code art. 2329)
- Dividing Property: Community property. (CC 2364)
Understanding Postnuptial Agreements in Louisiana
Considerations
- Permitted Content: Spouses can create a marital agreement before or during marriage on any matter that does not violate public policy, as per La. Civ. Code art. 2329.
- Spousal Support: As per Williams v. Williams (2000), agreements requiring permanent spousal support without considering fault, need, or payment ability are void as they conflict with public policy.
- Approval: As per La. Civ. Code art. 2329, spouses can create a marital agreement without court approval in their first year of living together. After this period, altering or ending a matrimonial regime requires a joint petition and court approval, ensuring the agreement benefits both parties and is fully understood.
Asset and Property Rights
Property Ownership
- A matrimonial regime is a system of principles and rules.
- Governs the ownership and management of property of married persons.
- Applies both between the spouses themselves and toward third parties [1] .
Separation Agreement
- A matrimonial agreement is a contract that can establish separation of property, modify, or end the legal regime.
- Spouses can freely create a separation of property regime or modify the legal regime as allowed by law.
- Legal regime provisions not changed or excluded by the agreement remain effective [2] .
Capacity to Contract
- Spouses can create a matrimonial agreement before or during marriage, except for matters against public policy.
- Such agreements can modify or end a matrimonial regime during marriage with a court’s approval, ensuring it benefits them and they understand its rules.
- Spouses can form a matrimonial agreement without needing court approval within the first year of establishing domicile in this state [3] .
Marriage and Divorce
Limited of Contractual Freedom
- Spouses can’t renounce or change the marital portion or succession order before or during marriage by agreement.
- They can’t limit one spouse’s right to obligate the community or deal with community property regarding third persons [4] .
