Updated May 17, 2023
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A Louisiana prenuptial agreement, also called a “matrimonial agreement,” is a contract that defines the separation of property between two individuals who are planning to marry. By making this agreement, the couple opts out of the legal matrimonial regime for what is termed a “contractual regime” which will determine how property is divided if the marriage ends due to divorce or death. However, state law does not allow prenuptial agreements to limit a spouse’s right to receive spousal support (alimony) following a divorce. A couple may also enter into a matrimonial agreement after marriage, but they will need to have to jointly submit a court petition to obtain approval of their contract.
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.