Download Louisiana Postnuptial Agreement Form [PDF]

The Louisiana postnuptial agreement is a legal document created between two spouses for the purpose of regulating their rights and responsibilities during the marriage.

The parties mainly use this document to determine their financial and non-financial relationships during the marriage. However, many parties also use the postnup agreement to determine how the property will be divided in case they get divorced.

The main difference between a postnuptial and a prenuptial agreement is when the document is signed. With a prenup agreement, the parties are signing the document before they get married. With a postnup agreement, the spouses sign the document once they have entered the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Louisiana

The laws and legal requirements for a postnuptial agreement in Louisiana are all outlined in the court decisions as well as in the Louisiana state law.

Article 2329 of the Louisiana Code provides that the spouses can enter into a postnuptial agreement without court approval within the first year after moving into and acquiring a domicile in Louisiana.

After one year, if the postnuptial agreement form modifies or terminates a matrimonial regime during marriage, the parties are required to submit a joint petition for court approval of their agreement.

The court will approve the postnuptial agreement if it determines that the agreement serves the best interests of the parties and that they understand the governing principles and rules.

Signing Requirements for a Postnuptial Agreement in Louisiana

Both spouses must sign the Louisiana postnuptial agreement form. Moreover, the formal criteria set by the state law require that the postnup agreement be in written form.

The state law, however, doesn't require the notarization of the postnuptial agreement form. However, the parties should still consider completing this step since it will additionally confirm the authenticity of the document and prevent potential fraudulent activities.

The notary public will check the identity of the signing parties and acknowledge that they have personally signed the document by providing their signature to the postnup agreement.

Postnuptial Agreement Enforcement in Louisiana

There are multiple conditions that must be met for the Louisiana postnuptial agreement to be enforceable:

In addition, when determining the enforceability of the postnuptial agreement form, the court will also check if the parties have understood all the provisions of the postnup agreement and if they had enough time to consult with their legal advisor before signing the document.

What Can a Postnuptial Agreement in Louisiana Cover?

The postnuptial agreement can cover various aspects of the financial and non-financial relationship between the spouses. However, as stated in Article 2329, every clause of the postnuptial agreement must be compliant with state laws and public policy.

In Williams v. Williams (2000), the court pointed out that “it is against public policy to allow a spouse to obligate him/herself, by matrimonial agreement, to pay permanent periodic spousal support, regardless of a determination of fault, need, or ability to pay.”

The Louisiana postnuptial agreement templates mostly include provisions that provide the rights and obligations of the parties in connection with their individual and marital property, as well as rules on how the property will be divided between the spouses in the event of a divorce.

Postnuptial Agreement in Louisiana: Validity Criteria

The validity of the postnuptial agreement directly depends on the fulfillment of the formality criteria set by the state law. In practice, this means that the postnup agreement will be considered invalid if it’s not made in a written form and if it’s not signed by both spouses.

In addition, the validity of the postnup agreement is also connected with the existence of marriage. The parties can enter into a valid postnuptial agreement only after they get married.