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Louisiana Prenuptial Agreement Requirements

12 Dec Posted by in Uncategorized | Comments
Louisiana Prenuptial Agreement Requirements

A legally binding matrimonial agreement can be very difficult, if not impossible, to break in Louisiana. If you want to break a prenup, you usually have to prove that Louisiana is taking this special exam to the next step by requiring prior court authorization before a post-marriage agreement takes effect. Although the Acurio case does not contain a post-uptiale agreement, this provision was relevant to the validity of its marital agreement. The parties filed for their second divorce in 2009 and Danielle filed a motion to avoid the marriage agreement. Their argument, which the Louisiana Supreme Court ultimately accepted, is that the agreement did not meet the legal formalities. It was not authenticated – a term specific to Louisiana civil law – but it was also not performed “under the private signature, which was duly recognized by the spouses.” The parties did not acknowledge that the document contained their signatures in the manner prescribed by law until they were annulled during their divorce proceedings in 2009 – not before the marriage. The question for the Louisiana Supreme Court, therefore, was whether the confirmation should take place before witnesses before the marriage, or only at some point before the execution. Marital agreements in Louisiana are unenforceable when a spouse shows that the days when the mention of a prenupe could derail a relationship or provoke hurt feelings are over. A good marriage must protect both spouses in the event of divorce and open an honest and thorough financial conversation before marriage. Marriage contracts are generally also a good idea for couples who marry later in life, when each spouse has likely acquired significant assets such as savings accounts, real estate, equity portfolios or pension plans. Marital chords can do many different things, but there are a few topics they can`t cover. For example, a matrimonial agreement cannot normally be used to set responsibilities for child care or education, as the courts have the power to rule on these issues in order to protect the best interests of the child.

Art. 2330. Limits on contractual freedom. Spouses cannot renounce by agreement before or during marriage, or change the matrimonial part or established order of succession. Nor can spouses restrict the right of a spouse, who, under the only final regime, imposes on the Community or to alienate, incriminate or rent common property against third parties. Acts 1979, 709, No. 1. If you have questions about marriage contracts or would like to obtain a marriage or additional payment agreement, contact Candice Bennatt Law at 504-777-3500 to agree on a consultation. Let our competent team answer all your questions and develop a marriage arrangement that suits you.

Like many other states, Louisiana uses the Prenuptial Agreement Act (UPAA) as a guide to determining whether a prenup can be applied. A court will consider a number of rules to ensure that the agreement is enforceable or to determine whether a spouse has violated it. Unfortunately, Louisiana has one of the highest divorce rates in the country, which is why you should ask yourself if your situation is good.

 

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