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91 Tul. L. Rev. 789 (2016-2017)

handle is hein.journals/tulr91 and id is 845 raw text is: RECENT DEVELOPMENTS What's Mine Is Yours, or Is It? The Bright Line Between Marital Agreements Executed Before Marriage and Those Executed After Marriage I. OVERVIEW .....................................789 II. BACKGROUND ............................. ......790 A. Louisiana's Matimonial Agreement Guidelines.........790 B. Article 2329 Is Triggered by Matrimonial Agreements Not Fully Executed Before Mainge......792 Ill. CoURT's D ECISION ......................................................................794 IV. ANALYSIS ...............................................796 I. OVERVIEW Danielle Acurio and Michael Acurio were married twice.' They were married the first time in 1998 and divorced in 2000.2 In 2002, the couple decided to remarry and this time they executed a premarital agreement four days before their marriage.3 The marital agreement, entitled Prenuptial Agreement, stated that the parties would not live in a community property regime, but instead in a separate property regime.' The agreement was signed by the couple, one witness, and a notary.! In 2009, Mrs. Acurio filed for divorce, and after the judgment of divorce was filed, a trial was held to resolve the couple's property issues.' Mrs. Acurio filed a Motion in Limine to Exclude Evidence of Invalid Matrimonial Agreement, arguing that the prenuptial agreement was invalidated for lack of form because, as an act under private signature duly acknowledged, the agreement was never acknowledged and therefore did not meet the form requirements.' At the hearing on Mrs. Acurio's motion, the trial court heard testimony from Mr. Acurio that the couple, in adherence to their prenuptial agreement, kept their finances and property entirely 1. Acurio v. Acurio, 50,709, p. 1 (La. App. 2 Cir. 6/22/16); 197 So. 3d 253, 254. 2. Id. 3. Id. 4. See id at pp. 1-2; 197 So. 3d at 254. 5. Id. at p. 2; 197 So. 3d at 254. 6. Id. at p. 3; 197 So. 3d at 255. 7. Id. 789

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