Louisiana Premarital and Prenuptial Agreements

The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the Louisiana state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Louisiana court.

Louisiana: La. Civ. Code. Ann. Art. 2328 (2007): Statute different that UPAA; unlawful to limit alimony; agreement must be notarized; court approval need for modification.

Art. 2328. Contractual regime; matrimonial agreement.

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.