Signing Requirements
Both parties must sign the agreement and submit it to a court for approval before it is considered valid.[1]
Laws
Permitted Content: Spouses may enter into a marital agreement before or during marriage as to all matters that are not prohibited by public policy.[1]
Spousal Support: Postnuptial agreements obligating one spouse to pay permanent periodic spousal support, regardless of a determination of fault, need, or ability to pay, are against public policy and void.[2]
Approval: During the first year living together in Louisiana, spouses may enter into a marital agreement without court approval. After a year, spouses may enter into a marital agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that:[1]
- The agreement serves their best interests, and
- They understand the governing principles and rules.