Louisiana Prenuptial Agreement Template

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.

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