Louisiana Civil Code

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TITLE IV - HUSBAND AND WIFE

 

CHAPTER 1 - MARRIAGE: GENERAL PRINCIPLES

Art. 86. Marriage is a legal relationship between a man and a woman that is created by civil contract. The relationship and the contract are subject to special rules prescribed by law. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 87. The requirements for the contract of marriage are:

The absence of legal impediment.

A marriage ceremony.

The free consent of the parties to take each other as husband and wife, expressed at the ceremony. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 88. A married person may not contract another marriage. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 89. Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 1999, No. 890, §1]

Art. 90.  A. The following persons may not contract marriage with each other:

(1)  Ascendants and descendants.

(2)  Collaterals within the fourth degree, whether of the whole or of the half blood.

B. The impediment exists whether the persons are related by consanguinity or by adoption.  Nevertheless, persons related by adoption, though not by blood, in the collateral line within the fourth degree may marry each other if they obtain judicial authorization in writing to do so. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 2004, No. 26, §1]

Art. 91. The parties must participate in a marriage ceremony performed by a third person who is qualified, or reasonably believed by the parties to be qualified, to perform the ceremony. The parties must be physically present at the ceremony when it is performed. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 92. A marriage may not be contracted by procuration. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 93. Consent is not free when given under duress or when given by a person incapable of discernment. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

 

CHAPTER 2 - NULLITY OF MARRIAGE

Art. 94. A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 95. A marriage is relatively null when the consent of one of the parties to marry is not freely given. Such a marriage may be declared null upon application of the party whose consent was not free. The marriage may not be declared null if that party confirmed the marriage after recovering his liberty or regaining his discernment. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 96. An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it in good faith for as long as that party remains in good faith.

When the cause of the nullity is one party's prior undissolved marriage, the civil effects continue in favor of the other party, regardless of whether the latter remains in good faith, until the marriage is pronounced null or the latter party contracts a valid marriage.

A marriage contracted by a party in good faith produces civil effects in favor of a child of the parties.
A purported marriage between parties of the same sex does not produce any civil effects. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 97. A relatively null marriage produces civil effects until it is declared null. [Acts 1987, No. 886, §1, eff., Jan. 1, 1988]

 

CHAPTER 3 - INCIDENTS AND EFFECTS OF MARRIAGE

Art. 98. Married persons owe each other fidelity, support, and assistance. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 99. Spouses mutually assume the moral and material direction of the family, exercise parental authority, and assume the moral and material obligations resulting therefrom. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

Art. 100. Marriage does not change the name of either spouse. However, a married person may use the surname of either or both spouses as a surname. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988]

 

CHAPTER 4 - TERMINATION OF MARRIAGE

Art. 101. Marriage terminates upon:

The death of either spouse.

Divorce.

A judicial declaration of its nullity, when the marriage is relatively null.

The issuance of a court order authorizing the spouse of a person presumed dead to remarry, as provided by law. [Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 1990, No. 1009, §1, eff. Jan. 1, 1991]