Louisiana Prenuptial Agreement
Louisiana prenuptial agreements are governed by Louisiana Civil Code Article 2331. Courts apply single review only — unconscionability is assessed at signing, not additionally at divorce. The challenging party bears the burden of proof. Louisiana has uniquely strict execution formalities — party, notary, witness, and attorney signatures must all be completed before the marriage ceremony; make sure they are done properly with an experience matrimonial or divorce attorney who can walk you through the process. Spousal support waivers are enforceable with a floor at public assistance eligibility.
Bottom line: Louisiana earns a A grade. Single review and a high burden to challenge are strong positives, though Louisiana's technical execution requirements have voided otherwise valid prenups on formality grounds alone — get an attorney to supervise signing.
How Louisiana's Prenup Laws Rank: A
Louisiana Prenup Laws: Key Statutes Explained
Louisiana Civil Code Article 2331 (1979)
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability Single Review
Louisiana courts review unconscionability only at execution (signing), not at enforcement (divorce), meaning the court will not modify or reject a prenup if circumstances change significantly during marriage.
Unconscionability Standard
A Louisiana prenup is unenforceable if: (1) it fails the signing requirements of La. C.C. art. 2331 — meaning it wasn't executed before a notary and two witnesses, or signed privately and then confirmed before a notary, all before the wedding; or (2) one spouse was tricked, pressured, or misled into signing (fraud, duress, or error). Unlike most states, Louisiana won't void a prenup just for being one-sided and doesn't require each side to have separate counsel.
Spousal Support Public Assistance Minimum
Courts may override spousal maintenance waivers if enforcement would make one party eligible for public assistance.
Timing
No minimum specified, but we recommend signing the prenup 60+ days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk. Reach out to an attorney at least 4-6 months before the wedding with your draft prenup. Better yet, sign the prenup before proposing.
Independent Counsel
Not required, but both sides having independent counsel dramatically increases enforceability if challenged, as courts scrutinize agreements where one party lacked representation. Louisiana has specific, and complicated requirements for party, notary, witness, and attorney signatures that are best buided by an attorney
Financial Disclosure
"Honest" disclosure of all property, assets, debts, and income required. Include source documents (tax returns, statements, appraisals). Not including full disclosure or deceiving the other spouse provides grounds for invalidation.
High Burden to Challenge
The spouse challenging the prenup bears the burden of proof to show improper execution, unconscionability at signing, lack of disclosure, duress, or fraud. A legally binding prenuptial agreement in Louisiana can be very difficult or nearly impossible to break.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Louisiana Prenuptial Agreement Court Cases
Acurio v. Acurio, 224 So.3d 935 (La. 2017)
Louisiana Supreme Court invalidated a prenuptial agreement signed four days before marriage where signatures were acknowledged only during divorce proceedings years later, establishing that all formal requirements including acknowledgment must be completed before the marriage ceremony.
Lauga v. Lauga, 537 So.2d 758 (La. App. 4 Cir. 1989)
Fourth Circuit applied Louisiana's strict form requirements for matrimonial agreements under Civil Code Article 2331, reflecting the principle that Louisiana law scrutinizes separation-of-property regimes established during marriage.
Ritz v. Ritz, 95-683 (La. App. 5 Cir. 1995); 666 So.2d 1181 (discussed in Muller v. Muller)
Fifth Circuit found a premarital agreement invalid where the future husband presented it the night before the wedding demanding his fiancée sign or he wouldn't marry her, and the parties acknowledged their signatures only after marriage.
Rush v. Rush, 2012-1502 (La. App. 1 Cir. 2013)
First Circuit held that a premarital agreement executed before a notary but without two witnesses failed to meet form requirements of an authentic act, and post-marriage acknowledgment by both spouses years later could not cure the defect.
Deshotels v. Deshotels, 13-1406 (La. App. 3 Cir. 2014); 150 So.3d 540
Third Circuit followed the First Circuit's reasoning in Rush and held that acknowledgment must occur before marriage to create a valid prenuptial agreement, extending the strict formality requirement across Louisiana appellate circuits.
Barber v. Barber, 38 So.3d 1046 (La. App. 1 Cir. 2010)
First Circuit held that while a prenuptial agreement could validly waive permanent spousal support, the clause eliminating the wife's right to temporary/interim support during divorce proceedings was invalid and unenforceable as contrary to Louisiana public policy requiring spouses to support each other during marriage.
Neivens v. Estrada-Belli, 228 So.3d 238 (La. App. 4 Cir. 2017)
Fourth Circuit upheld a prenuptial agreement executed in Tennessee (with only a notary, not two witnesses) under Tennessee law, holding that Louisiana courts prefer to uphold out-of-state prenuptial agreements that comply with the law of the state where executed even if they don't meet Louisiana's stricter formalities.
5-Step Checklist: How to Sign & Execute a Prenup in Louisiana
Step 1: Download and read the Louisiana prenuptial agreement
Start with our free template. It is written for Louisiana-specific statutes and case law under Louisiana Civil Code Articles 2328–2332. Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions. Louisiana calls prenups "matrimonial agreements" and governs them through its civil law system — not the Uniform Premarital Agreement Act used by most states. The formality requirements are stricter than virtually any other state, and courts void agreements on technical grounds regardless of fairness.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a lawyer in your state
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding. Louisiana courts have voided prenups presented the night before the wedding (Ritz) — and any acknowledgment of signatures, however informal, must be completed before the ceremony, not after (Acurio).
Step 5: Execute as an authentic act, record in your parish, and store
Louisiana has the strictest execution requirements in the country. The agreement must be signed as an authentic act: both parties sign before a notary public AND two witnesses, all in the same signing ceremony, before the wedding. Alternatively, both parties may sign privately and then formally acknowledge their signatures before a notary or court — but that acknowledgment must also occur before the marriage. Post-wedding acknowledgment voids the agreement entirely (Acurio, 2017). Both attorneys can serve as witnesses, with one also acting as notary. After signing, record the agreement in the conveyance records of your parish (La. C.C. art. 2332) — and in every additional parish where you own immovable property. Recording is required to bind third parties, including creditors. Each party keeps a signed original. Store yours somewhere secure like a safety deposit box. Create a .pdf and save it via a backup drive and email.
Louisiana Prenuptial Agreement: Frequently Asked Questions (2026)
1. How much does a prenup cost in Louisiana?
Attorney-drafted prenuptial agreements in Louisiana typically run $1,500–$5,000+ per side, with complex agreements involving businesses, mineral rights, or multiple properties reaching $10,000 or more. On top of attorney fees, budget for parish recording fees of roughly $105–$205 per parish, plus a notary fee that's capped at $15 by state law. The cheaper route: start with a free Louisiana template, mark up any changes yourself, and hire an attorney only to review and supervise signing — often around $500 per side plus recording.
2. Are prenups enforceable in Louisiana?
Yes. When properly executed, Louisiana courts strongly enforce prenuptial agreements (called "matrimonial agreements" under state law). Louisiana reviews fairness only at signing, not again at divorce, and the spouse trying to break the agreement carries the burden of proof. The real risk in Louisiana is procedural, not substantive — courts have voided perfectly fair agreements purely because the signing formalities weren't followed exactly.
3. What makes a prenup invalid in Louisiana?
The most common reason a Louisiana prenup gets thrown out is a signing defect — missing a witness, using only one witness instead of two, or confirming signatures after the wedding instead of before. A prenup can also be voided if one spouse was tricked, pressured, or seriously misled into signing (fraud, duress, or error). Two clauses are always unenforceable no matter how the agreement is drafted: waivers of temporary spousal support during divorce, and any attempt to change the inheritance/succession rules. Leave out child custody and child support entirely.
4. Do I need a lawyer to get a prenup in Louisiana?
Not legally — but Louisiana is the state where you most need one. Its civil-law system and "authentic act" signing rules are genuinely technical, and courts routinely void DIY agreements over formality mistakes that have nothing to do with fairness. The smart approach is to use a free template to cut drafting costs, then hire an attorney to review the document and supervise the signing ceremony. Both spouses having their own attorney is the safest path.
5. Does a prenup have to be notarized in Louisiana?
Yes — and notarization alone isn't enough. A Louisiana prenuptial agreement must be signed as an "authentic act": both spouses sign in front of a notary public and two witnesses, all before the wedding. (The notary fee is capped at $15 by state law.) A prenup signed in front of just a notary, or a notary and only one witness, doesn't meet the requirement and can be voided — which is exactly what happened in the Louisiana Supreme Court's Acurio decision.
6. How many witnesses does a Louisiana prenup need?
Two. To be valid as an authentic act, the agreement must be signed by both parties in front of a notary public and two witnesses. Louisiana courts have invalidated prenups that had only one witness, so this detail matters more here than in almost any other state. Conveniently, the attorneys present at signing can serve as the two witnesses, with one also acting as notary.
7. How long before the wedding should I sign a prenup in Louisiana?
Sign at least 60 days before the wedding, and give your spouse at least two weeks to review the final version with their own attorney. Build in extra lead time for Louisiana's signing logistics, and contact an attorney 4–6 months out. The critical rule: every signature and acknowledgment must be completed before the ceremony — Louisiana provides no way to fix a prenup signed too late, so a post-wedding signing voids it entirely.
8. Do I have to record (file) my prenup in Louisiana?
Recording isn't required to make the prenup valid between you and your spouse, but it is required to protect your rights against third parties like creditors. File the agreement in the conveyance records of the parish where you live, plus every additional parish where you own real estate (immovable property). Recording fees run roughly $105–$205 per parish depending on document length.
9. Can you waive alimony in a prenuptial agreement in Louisiana?
Partly. You can waive or limit permanent (final) spousal support in a Louisiana prenup, and courts will generally enforce it. But you cannot waive interim/temporary spousal support — the support paid while a divorce is pending. Louisiana treats that as a public-policy protection, and the Barber case confirmed that a clause eliminating it is unenforceable even when the rest of the agreement is valid.
10. Can a prenup decide child support or custody in Louisiana?
No. Child support and child custody can't be controlled by a prenuptial agreement in Louisiana — those decisions belong to the court, which always rules based on the child's best interests. Worse, including these clauses can jeopardize the rest of your agreement, so leave them out entirely.
11. Can you get a prenup after marriage in Louisiana?
Not a prenup — but Louisiana allows a postnuptial agreement, with an important catch. Once you're married, changing or opting out of the community property regime generally requires court approval: both spouses file a joint petition, and a judge must find the agreement serves both of your interests and that you understand it (La. C.C. art. 2329). This judicial-approval requirement is unusual and makes postnups more involved than prenups, which need no court sign-off.
12. I'm already married and moving to Louisiana — can I keep my property separate?
Yes, and there's a special window for it. Couples who move to Louisiana and establish domicile can enter a matrimonial agreement to opt out of community property without court approval during their first year in the state. After that first year passes, modifying the regime requires a judge's approval. If you're relocating from another state and want to preserve your existing property arrangement, act within that one-year window.
13. Is an out-of-state prenup valid in Louisiana?
Often, yes. Louisiana courts generally honor prenuptial agreements that were validly executed under the laws of the state where they were signed, even if they don't meet Louisiana's stricter authentic-act formalities. In Neivens v. Estrada-Belli, a prenup executed in Tennessee with only a notary (no two witnesses) was upheld in Louisiana under Tennessee law. If you signed a prenup elsewhere and later moved to Louisiana, it may still hold — but have a Louisiana attorney confirm.
14. Why does Louisiana's community property law make a prenup especially important?
Louisiana is one of only nine community property states, and the only one built on civil law rather than the Uniform Premarital Agreement Act used elsewhere. Without a prenup, virtually everything either spouse earns or acquires during the marriage — salary, business growth, investment gains — automatically becomes community property split 50/50 at divorce, regardless of who earned it. A matrimonial agreement lets both spouses opt out of that default and keep present and future earnings separate. This is the most common and most valuable use of a Louisiana prenup.