Louisiana Supreme Court Disputes Prenuptial Agreement

by Admin on September 6, 2017

On May 3rd, the Louisiana Supreme Court ruled that prenuptial agreements are invalid if signatures aren’t acknowledged before marriage, Louisiana Record reports.

Under the Louisiana Civil Code Article 2331, all signatures on the agreement must be properly acknowledged prior to the marriage. If not, it will be void.

The court ruled that “any acknowledgment that occurred post-nuptially cannot be relied upon” and that “an act under private signature must be duly acknowledged prior to the marriage to be fully perfected and given legal effect”.

This decision has been contested by the defendant in the case, Dr. Michael Thomas Acurio, who said that “acknowledgment has no temporal requirement and can occur at any time”. However, Justice Marcus Clark ruled that even when a prenuptial agreement is signed before marriage, it won’t take effect unless signatures are acknowledged within the time limitations. Otherwise, it will be treated as if it were made during the marriage, and court review and approval will therefore be required.

Read more here

{ 0 comments… add one now }

Leave a Comment



Previous post:

Next post: