Louisiana Prenuptial Agreement Form

Even if you are 100% sure that your marriage will be a huge success, it is crucial to take care of yourself as an individual and some other crucial matters—for example, your private assets. The Louisiana prenuptial agreement saves you from potential poverty in case of divorce.

In Louisiana, another common name for such agreements is the “matrimonial agreement.” Sometimes people call these documents “prenups” or “premarital agreements.” Regardless of the American state, this free prenuptial template is created and signed by both future spouses for a certain purpose: to control their properties, liabilities, and other issues linked to money, estate, and tangible things.

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The state public authorities usually do not propose any templates for such agreements because the document is made by partners and can include arbitrary provisions. However, they all contain a common structure:

  • Introduction with parties’ details. Both partners provide their names and place of residence here. The date of their marriage should be included.
  • Conditions and peculiarities. Every single provision regarding partners’ private estate, mutual assets, personal liabilities, joint debts should be added here.

Among other topics that these agreements regulate are taxes, bank accounts, business ownership, and any other relevant thing. The list of each partner’s properties and liabilities has to be added as the agreement’s supplement.

Partners are free to incorporate their own provisions into the agreement, but only if it conforms to the local laws.

  • Signatures. Without signatures of both future spouses, the agreement is not enforceable. Some states oblige partners to notarize the record.

If you still cannot determine the reasons to create such agreements, we have at least two concerns that prenups may solve. For starters, imagine that either of the spouses suddenly passes away. Of course, it is a worst-case scenario, but it can happen. If you have signed the agreement together, the property transfer processes become much easier.

Another frequent cause is divorce. Your relationship may be brilliant, demonstrating the ideal example of a couple. Then, something awful may happen, and you may start fighting all the time. The prenup agreement will help you to ease the pain caused by divorce and fairly split your estate and liabilities.

Many people sign the agreement if they are significantly richer than their partners. This allows them to avoid losses if their partners cheat, do something illegal, cheat, or do anything else that leads to a divorce, and there are still many men and women who want to marry someone for money! Therefore, we hope you now understand why a prenup between future spouses is a great legal tool.

As appears from the agreement’s name (“prenuptial”), partners usually discuss conditions and sign the contract before the wedding occurs. It becomes valid not from the date of signing but after the couple is officially married. If partners change their opinions on some questions, they can improve their agreement or even cancel it—they just need to sign an add-on to their agreement.

You can use our easy-to-use form-building software to create any template, including the correct version of the Louisiana prenuptial agreement form. Do not hesitate to try it!

Recently, many US states were against prenup agreements’ signing. However, the situation is different now, and almost every state offers its regulations and laws on such documents. Proceed to the following part to understand which laws are relevant today in the state of Louisiana.


Louisiana Prenup Laws and Requirements

In Louisiana, the Civil Code governs norms and laws related to prenuptial agreements: Sections CC2328–CC2332 contain basic rules applicable in the state.

Singing Requirements

Usually, prenups are made and signed before marriage in the US. However, in Louisiana, you are allowed to sign the form not only before the wedding but after it, as prescribed by Sections CC2329 and CC2331. To make the agreement effective in Louisiana, both spouses should leave their signatures, and a notary should verify each signature.

Enforceability

Section CC2327 introduces the term “legal regime.” The following Section, CC2328, emphasizes that partners establish their own regime of properties’ division (contractual regime) with the agreement, and the legal regime is not applicable anymore. If some legal regime’s norms are not mentioned in the contract, they are considered enforceable.

Court Refusal

If some provisions of the contract conflict with the state or federal law, the court may consider the document void (Section CC2329).

What prenups can cover

Prenups can cover all issues tied to the partners’ properties, debts, and finances. Please note that with prenup agreements, you cannot define your kids’ future with prenup agreements if a divorce occurs—that is done in court. The judge will consider all aspects explained by both ex-partners and decide what is best for your child (or children).

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Published: Feb 25, 2021