Download Louisiana Prenuptial Agreement Form [PDF]

The Louisiana prenuptial agreement is a legal document that future spouses use before getting married. They don’t only use the prenuptial agreement after marriage, but they can also use it to determine every significant aspect of their financial relationship during or after the marriage.

The parties first use the prenuptial agreement to divide the assets and liabilities they want to have as individual property and determine which assets and liabilities will be part of the marital property. The prenup agreement later defines the rights and responsibilities of each partner in terms of their marital property.

Finally, the agreement includes rules on how the property will be divided in case the parties get divorced.

Laws and Legal Requirements for a Prenuptial Agreement in Louisiana

Article 2328 to Article 2332 of the Louisiana State Laws regulates the status of the Louisiana prenuptial agreement form.

The state law refers to the prenuptial agreement as the matrimonial agreement.

It defines it as follows:

“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.”

Signing Requirements for a Prenuptial Agreement in Louisiana

Article 2331 provides that the matrimonial or prenuptial agreement form can be signed before or during the marriage. It requires both parties to sign the document before the notary public.

The notary public will confirm the identity of the signing parties and acknowledge that they have personally signed the document. This will additionally confirm the authenticity of the document and prevent potential disputes about the document’s authenticity and potential fraudulent activities.

Prenuptial Agreement Enforcement in Louisiana

The spouses are free to sign the prenup agreement before the marriage. However, if the parties want to sign the agreement during their marriage, they will have to jointly submit the court petition and get approval from the court to sign the agreement.

During the first year after moving to Louisiana, the spouses can enter the prenuptial agreement without court approval.

The prenup agreement will also be considered unenforceable if one of the parties signs it unwillingly or without the capacity to understand the consequences of such an act.

What Can a Prenuptial Agreement in Louisiana Cover?

The Louisiana prenuptial agreement template can cover various matters connected to the financial relationship between the two spouses.

It can be used to determine what assets and liabilities will be treated as the individual property of the spouses and which ones will be included in the marital property. Furthermore, the parties can determine each party's rights and obligations towards marital property. This can include the right to sell, buy, mortgage, lease, or manage the marital property.

Finally, the parties can use the prenuptial agreement form to determine how the property will be divided in case the parties get divorced or separated. It can also regulate matters like alimony and spousal support.

Prenuptial Agreement in Louisiana: Validity Criteria

The prenuptial agreement will be considered valid if it meets the basic formality criteria. That means that the agreement must be made in written form and must be signed by both spouses.