A married couple may agree to manage their matrimonial property differently from the regime prescribed by law. However, this agreement cannot have retroactive effect.
Future spouses may agree on a contracted matrimonial property regime before they get married, but this contract does not take effect until they are actually married.
A contract on a matrimonial property regime must be drawn up as an authentic instrument (i.e. as a notarial deed) and entered in a public register if so provided for in the contract (otherwise if requested by both spouses). A contracted regime may be changed by agreement of the spouses or a court ruling.
A contracted regime may be established as a regime where each spouse disposes of their own assets and liabilities, a regime where their assets and liabilities do not become community property until the marriage ends, or a regime where the scope of community property under the statutory regime is expanded or narrowed.
The contract may contain any arrangements and may cover any item, unless prohibited by law. In particular, it may encompass the scope, content, and time of establishment of a statutory or other community property regime, individual items, or sets of items. The contract may change the classification of existing items of property or regulate the classification of future items of property differently from the statutory regime. The contract may also specify how property will be divided if the marriage ends.
The content and purpose of a contract on a matrimonial property regime must not affect the rights of a third party (e.g. a creditor), unless that party gives permission for the contract.