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A matrimonial agreement may be executed by the
spouses before or during marriage. It shall be made by
authentic act or by an act under private signature duly
acknowledged by the spouses.
Under article 2336--
the spouses may, without court approval, voluntarily
partition the community property in whole or in part.
In such a case, the things that each spouse acquires
are separate property. The partition is effective
toward third persons when filed for registry in the
manner provided by Article 2332.
Article 2332, entitled “Effect toward third persons”, provides in
entirety as follows:
A matrimonial agreement, or a judgment
establishing a regime of separation of property is
effective toward third persons as to immovable
property, when filed for registry in the conveyance
records of the parish in which the property is situated
and as to movables when filed for registry in the
parish or parishes in which the spouses are domiciled.
B. Effect of the Marriage Contract
The parties initially dispute whether the marriage
contract,16 which concededly was “filed for registry” in St.
Tammany Parish on July 14, 1989, also had to be “filed for
registry” in Jefferson parish at some point before the years in
16 Both sides use the term “marriage contract”, rather than
the statutory term “matrimonial agreement”. For convenience, we
will follow the parties’ terminology.
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