ENROLLED
2020 Regular Session
HOUSE RESOLUTION NO. 49
BY REPRESENTATIVE ROBBY CARTER
A RESOLUTION
To urge and request the Marriage-Persons Committee of the Louisiana State Law Institute
to study, and the Louisiana State Law Institute to make specific recommendations
and the Task Force on Benefits of Marriage and Incentives for Premarital Counseling
and Pre-Divorce Counseling to study and make recommendations for revisions to
Louisiana laws in order to implement divorce by authentic act and to urge and
request the Louisiana State Law Institute to study and make recommendations
regarding the laws on trusts with an indefinite term.
WHEREAS, although some Louisiana residents may wish to divorce, the expenses
associated with seeking a divorce under present law can make a divorce cost prohibitive; and
WHEREAS, being unable to incur the cost of seeking a divorce, some Louisiana
residents may instead separate and continue their lives by having children with someone
other than their spouse, thereby creating a presumption of paternity that must be overcome;
and
WHEREAS, for a couple who is married without children or immovable property,
there is no legal or practical need to involve the court in the termination of the matrimonial
regime; and
WHEREAS, in certain limited circumstances, it is prudent to enable Louisiana
residents to secure a divorce without incurring the legal fees and court costs associated with
a divorce under present law; and
WHEREAS, when judicial proceedings are unnecessary, the same legal effects may
be achieved by authentic act; and
WHEREAS, in recognition of the value of providing a means to avoid judicial
proceedings in certain limited circumstances, the legislature enabled small succession by
affidavit in Code of Civil Procedure Articles 3431 through 3434; and
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WHEREAS, for a couple who is married without children or immovable property,
the law should enable the couple to achieve a divorce through an authentic act; and
WHEREAS, the Trust Code imposes limitations on the term of a trust; and
WHEREAS, perpetual trusts without a term are allowed in other states; and
WHEREAS, a settlor may wish to create a perpetual trust in Louisiana; and
WHEREAS, the Trust Code could be improved by allowing for perpetual trusts.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby urge and request the Marriage-Persons Committee of
the Louisiana State Law Institute and the Task Force on Benefits of Marriage and Incentives
for Premarital Counseling and Pre-Divorce Counseling to each study divorce by affidavit
and the Louisiana State Law Institute and the Task Force on Benefits of Marriage and
Incentives for Premarital Counseling and Pre-Divorce Counseling to each make
recommendations, if any, of specific revisions in state law to authorize divorce by affidavit
when the married couple has no children and owns no immovable property.
BE IT FURTHER RESOLVED that the House of Representatives of the Legislature
of Louisiana does hereby urge and request that the Louisiana State Law Institute study the
Trust Code and make recommendations, if any, for the implementation of perpetual trusts
and that the Louisiana State Law Institute report its findings and recommendations to the
Legislature of Louisiana on or before March 1, 2021.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute and the chair of the Task Force on Benefits of
Marriage and Incentives for Premarital Counseling and Pre-Divorce Counseling and that the
Louisiana State Law Institute and the Task Force on Benefits of Marriage and Incentives for
Premarital Counseling and Pre-Divorce Counseling each report its findings and
recommendations to the Legislature of Louisiana on or before March 1, 2021.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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