Louisiana: B
Statutes
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 prenup is unenforceable if: (1) not executed voluntarily (fraud, duress, lack of meaningful choice); OR (2) “unconscionable” judged at enforcement (divorce); OR (3) both sides did not have independent 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.
Case Law
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 invalidated a prenuptial agreement for failure to comply with formal execution requirements under Louisiana Civil Code Article 2331, emphasizing that Louisiana law casts "a suspicious eye on the establishment of a separation of property regime effected during the 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.