MATRIMONIAL AGREEMENT

(Louisiana Prenuptial Agreement)

[// GUIDANCE: Louisiana refers to prenuptial agreements as “Matrimonial Agreements.” See La. Civ. Code arts. 2328–2332. If the parties prefer the more familiar term “Prenuptial Agreement,” keep the parenthetical.]

This MATRIMONIAL AGREEMENT (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [FULL LEGAL NAME OF PARTY A] (“Party A”) and [FULL LEGAL NAME OF PARTY B] (“Party B” and, together with Party A, the “Parties,” and each individually, a “Party”).

The Parties intend to marry on or about [DATE OF MARRIAGE] in the Parish of [PARISH], State of Louisiana, and wish to establish their respective property rights and obligations both during the marriage and upon its termination under Louisiana law, including La. Civ. Code arts. 2329, 2331, and 2332.

TABLE OF CONTENTS

1. Definitions
2. Operative Provisions
   2.1 Choice of Matrimonial Regime
   2.2 Classification of Property
   2.3 Management & Control
   2.4 Debts & Liabilities
   2.5 Gifts & Inheritances
   2.6 Tax Matters
   2.7 Spousal Support; Child-Related Matters
3. Representations & Warranties
4. Covenants & Restrictions
5. Default & Remedies
6. Risk Allocation
7. Dispute Resolution
8. General Provisions
9. Execution Block
   Schedules A–B | Disclosure Schedules

[// GUIDANCE: Insert bookmarks or page numbers during final formatting.]

1. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms appear in alphabetical order and apply throughout this Agreement (including the Schedules):

“Agreement” means this Matrimonial Agreement, including all Schedules and any duly executed amendments.
“Authentic Act” has the meaning set forth in La. Civ. Code art. 1833 and includes an instrument executed before a notary public in the presence of two witnesses.
“Community Property” means property of the community as defined in La. Civ. Code arts. 2338–2340.
“Court” means the district family court with jurisdiction in [PARISH], Louisiana.
“Debt” means any liability, secured or unsecured, accrued or contingent, now existing or hereafter arising.
“Disclosure Schedules” means the asset and liability schedules attached hereto as Schedule A (Party A) and Schedule B (Party B).
“Effective Date” has the meaning set forth in the preamble.
“Fair Market Value” means the price a willing buyer would pay a willing seller in an arm’s-length transaction, neither being under any compulsion to buy or sell.
“Governing Law” has the meaning set forth in Section 7.1.
“Matrimonial Regime” has the meaning given in La. Civ. Code art. 2325.
“Separate Property” means property meeting the criteria of La. Civ. Code art. 2341 or otherwise designated as such herein.

2. OPERATIVE PROVISIONS

2.1 Choice of Matrimonial Regime

2.1.1 Opt-Out of Legal Regime. Pursuant to La. Civ. Code art. 2329, the Parties hereby opt out of the legal community property regime and adopt, as between themselves and as to third persons, the separate-property regime detailed herein.
2.1.2 Effectiveness. This Agreement takes effect on the later of (a) the Effective Date, or (b) the date of the Parties’ lawful marriage. If the marriage does not occur within twelve (12) months of the Effective Date, this Agreement is null ab initio.

[// GUIDANCE: If the Parties prefer a modified community property regime instead of full separation, replace Section 2.1.1 accordingly.]

2.2 Classification of Property

(a) Separate Property. All property presently owned by either Party and listed on that Party’s Disclosure Schedule, together with all future property acquired solely in that Party’s name and all fruits, accessions, replacements, appreciation, and proceeds thereof, shall constitute that Party’s Separate Property.
(b) Community Property Exclusion. Unless expressly re-characterized by a written amendment executed with the formalities of an Authentic Act, no property acquired during the marriage shall be classified as Community Property.
(c) Commingling. Commingling of Separate Property with the other Party’s property shall not alone convert it to Community Property, provided that the contributing Party can trace the Separate Property with reasonable specificity.

2.3 Management & Control

Each Party shall have sole management, control, and disposition rights over that Party’s Separate Property. Neither Party shall, without the other’s written consent, pledge, encumber, or otherwise obligate the other Party’s Separate Property.

2.4 Debts & Liabilities

2.4.1 Separate Debt Responsibility. Each Party is solely responsible for his or her Separate Debt, whether incurred before or after the marriage.
2.4.2 Indemnity for Misallocated Debts. If one Party is held liable for the other Party’s Separate Debt, the liable Party shall be indemnified in accordance with Section 6.1.

2.5 Gifts & Inheritances

Any inter-spousal gift, bequest, or inheritance shall be classified as Separate Property of the recipient unless expressly stated otherwise in the instrument of transfer.

2.6 Tax Matters

(a) Filing Status. The Parties may file joint or separate income-tax returns as mutually agreed.
(b) Allocation of Liability. Each Party shall bear any tax liability arising from that Party’s Separate Property or income. To the extent that any governmental authority assesses a tax against both Parties attributable to one Party’s Separate income, the liable Party shall indemnify the other Party.

2.7 Spousal Support; Child-Related Matters

(a) Spousal Support. Nothing herein constitutes a waiver of interim or final spousal support to the extent such waiver is prohibited under Louisiana law or public policy.
(b) Child Support & Custody. The Parties acknowledge that child support, custody, and visitation are subject to continuing judicial oversight and may not be contractually waived or limited.

3. REPRESENTATIONS & WARRANTIES

3.1 Authority & Capacity. Each Party represents that he or she is of legal age, sound mind, and under no legal disability that would impair the capacity to execute this Agreement.

3.2 Voluntariness. Each Party executes this Agreement voluntarily, free of duress, undue influence, or misrepresentation.

3.3 Independent Counsel. Each Party has had the opportunity to retain independent legal counsel of his or her own selection and either has done so or has voluntarily elected not to.

3.4 Full & Fair Disclosure. Each Party has made a full, fair, and reasonable disclosure of that Party’s assets, liabilities, and income, as set forth in the Disclosure Schedules.

3.5 Accuracy of Schedules. Each Party warrants that the Disclosure Schedule delivered by that Party is true, correct, and complete in all material respects as of the Effective Date.

3.6 Survival. The representations and warranties in this Section 3 survive execution and remain in effect for the longer of (a) five (5) years, or (b) until complete performance of all obligations under this Agreement.

4. COVENANTS & RESTRICTIONS

4.1 Further Assurances. Each Party shall execute and deliver such additional instruments and take such further actions as may be reasonably required to carry out the purposes and intent of this Agreement, including recordation under La. Civ. Code art. 2332.

4.2 Notice of Material Changes. A Party shall promptly notify the other if that Party’s net worth decreases by more than [PERCENTAGE]% or if that Party incurs any material Debt exceeding $[THRESHOLD].

4.3 Insurance. Each Party shall maintain, at his or her sole expense, life insurance with minimum coverage of $[COVERAGE AMOUNT] naming the other Party or the Parties’ children as beneficiaries.

4.4 Confidentiality. Except as required by law or court order, the Parties shall keep the terms of this Agreement and the Disclosure Schedules confidential.

5. DEFAULT & REMEDIES

5.1 Events of Default. Any of the following constitutes a default (“Default”):
(a) A material breach of this Agreement;
(b) Failure to disclose a material asset or liability;
(c) Wrongful transfer or concealment of Separate Property.

5.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the Default. The defaulting Party has thirty (30) days to cure unless the breach is incapable of cure.

5.3 Remedies. Upon Default and failure to cure, the non-defaulting Party may seek:
(a) Specific performance or injunctive relief;
(b) Monetary damages subject to Section 6.2;
(c) Reformation by the Court to restore the Parties to the positions contemplated herein.

5.4 Attorney’s Fees. The prevailing Party in any enforcement action is entitled to reasonable attorney’s fees and costs.

6. RISK ALLOCATION

6.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold the other Party and his or her heirs and assigns (“Indemnified Party”) harmless from and against any Losses arising out of (a) the Indemnifying Party’s breach of a representation, warranty, or covenant, or (b) the Indemnifying Party’s Separate Debt.

6.2 Limitation of Liability

Except for fraud or willful misconduct, each Party’s aggregate liability under this Agreement shall not exceed $[CAP AMOUNT] (the “Liability Cap”).

6.3 Force Majeure

Neither Party is liable for non-performance caused by events beyond reasonable control, including acts of God, war, or governmental action; provided that the affected Party gives prompt notice and uses reasonable efforts to mitigate.

7. DISPUTE RESOLUTION

7.1 Governing Law

This Agreement and any dispute arising hereunder are governed by the laws of the State of Louisiana, without regard to conflict-of-laws principles.

7.2 Forum Selection

Exclusive jurisdiction and venue reside in the [PARISH] Parish District Family Court (the “Designated Court”).

7.3 Arbitration (Limited)

7.3.1 Scope. Subject to Section 7.3.2, disputes solely concerning classification or valuation of property may, by mutual written consent after the dispute arises, be submitted to binding arbitration under the Louisiana Arbitration Law.
7.3.2 Exclusions. Matters of child custody, child support, or spousal support are not arbitrable.
7.3.3 Procedure. Unless the Parties agree otherwise, arbitration shall be conducted by a single arbitrator who is a retired Louisiana judge with family-law experience.

7.4 Jury Waiver

To the extent a jury trial might otherwise be available, each Party knowingly and voluntarily waives such right for any dispute arising out of or relating to this Agreement.

7.5 Injunctive Relief

Notwithstanding Section 7.3, a Party may apply to the Designated Court for temporary, preliminary, or permanent injunctive relief, including specific performance, to prevent actual or threatened breaches.

8. GENERAL PROVISIONS

8.1 Amendment & Waiver. This Agreement may be amended only by an Authentic Act executed by both Parties. No waiver of any provision is effective unless in writing and signed by the waiving Party.

8.2 Assignment. Neither Party may assign or delegate any right or obligation under this Agreement without the prior written consent of the other Party, except by operation of law upon death.

8.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, legal representatives, and permitted assigns.

8.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.

8.5 Integration. This Agreement constitutes the entire understanding of the Parties concerning the subject matter and supersedes all prior oral or written agreements.

8.6 Counterparts; Electronic Signatures. The Parties may execute this Agreement in multiple counterparts, each of which is deemed an original. Signatures delivered electronically (e.g., via PDF or reputable e-signature platform) are valid and binding.

8.7 Recording. Pursuant to La. Civ. Code art. 2332, a duplicate original of this Agreement shall be filed for record in the conveyance records of the Parish where the matrimonial domicile is established within [DAYS] days after marriage.

9. EXECUTION BLOCK

[// GUIDANCE: Louisiana requires either an Authentic Act (execution before a notary and two witnesses) or an act under private signature duly acknowledged. The safest practice is an Authentic Act.]

Executed in [CITY], Louisiana, on the dates indicated below, before the undersigned Notary Public and the two subscribing witnesses, who hereby sign with the Parties.

PARTY A

[FULL LEGAL NAME OF PARTY A]
Date: ________

PARTY B

[FULL LEGAL NAME OF PARTY B]
Date: ________

WITNESSES

1. ______ Date: ______
2. ______ Date: ______

NOTARY PUBLIC

Notary Public Signature
Printed Name: ____
Louisiana Notary Number: __
Commission Expires: _______

SCHEDULE A – PARTY A DISCLOSURE

[// GUIDANCE: Provide detailed asset and liability list with approximate fair-market values, account numbers (truncated where appropriate), and encumbrances.]

SCHEDULE B – PARTY B DISCLOSURE

[// GUIDANCE: Same level of detail as Schedule A.]

[// GUIDANCE: After execution and recordation, retain at least one original for each Party and one original for filing with the Parish conveyance office.]