A Louisiana prenuptial agreement, also known as a “matrimonial agreement,” is a legal document outlining the property separation between two individuals who plan to get married. It allows the couple to choose a “contractual regime” instead of the default legal matrimonial regime. If the marriage ends due to a divorce or death, the contractual regime will determine how property is divided.
However, it’s important to note that Louisiana state law does not permit prenuptial agreements to limit a spouse’s right to receive spousal support (alimony) following a divorce. Additionally, couples can enter into a marital agreement after their marriage, but they will need to jointly submit a court petition to obtain approval of their contract.
Legal Considerations
Laws:
- CC 2328 – Contractual regime; matrimonial agreement.
- CC 2329 – Exclusion or modification of matrimonial regime.
- CC 2330 – Limits of contractual freedom.
- CC 2331 – Form of matrimonial agreement.
- CC 2332 – Effect toward third persons.
Signing Requirements: Must be signed by both spouses and a notary public. (CC 2331)
Dividing Property: Community property. (CC 2364)
Enforceability Requirements
Considerations for a Valid Agreement
- Essential Terms for Validity: Must be in writing and signed by both parties and notarized.
- Content: A premarital agreement cannot waive provisions for temporary support, but it can include a clear waiver of permanent alimony (McAlpine v. McAlpine, 679 So.2d 85 (1996)).
- Invalidation Conditions: Lack of independent legal counsel, duress, fraud, undue influence, unconscionability at signing, or reconciliation and resumption of living together.
- Changing State: If you create a prenup in another state and move to Louisiana, it will still be valid if it doesn’t violate any state policy.
Modification or Revocation
- Formalities: Can be revoked or modified at any time by written agreement of both spouses, but it must follow the same formalities as the original agreement.
- Reconciliation: If a couple who has divorced decides to reconcile, they have the option to create a postnuptial agreement. This agreement is legally binding and can modify or revoke any previous agreements. The postnuptial agreement has the exact legal requirements as a prenuptial agreement.
