Louisiana is a community property law state. However, our laws allow for married couples to modify, limit, or eliminate the community property regime. There are two ways to enter into a matrimonial agreement. One way is a prenuptial agreement before you are married, and the other method is by way of a post-nuptial agreement after you are married. Prenuptial agreements are allowed without the consent of the Court. With post-nuptial agreements, there are more procedures required, to include filing a joint petition with the Court. Family Law Attorney Joshua S. Guillory and his staff are well-equipped to handle cases involving matrimonial agreements.
Relevant laws in this regard are as follows:
La. C.C. art. 2328. Contractual regime; matrimonial agreement:
“A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.”
La. C.C. art. 2329. Exclusion or modification of matrimonial regime:
“Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.
Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.
During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.”
La. C.C. art. 2330. Limits on contractual freedom:
“Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property.”
La. C.C. art. 2331. Form of matrimonial agreement:
“A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.”
WARNING: Even Surgeons Need More than a Scalpel
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