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. However, Louisiana has uniquely strict execution formalities — party, notary, witness, and attorney signatures must all be completed before the marriage ceremony; post-marriage acknowledgment cannot cure defects. Spousal support waivers are enforceable with a floor at public assistance eligibility.
Bottom line: Louisiana earns a B grade. Single review and a high burden to challenge are strong positives, but Louisiana's technical execution requirements have voided otherwise valid prenups on formality grounds alone — get an attorney to supervise signing.
Louisiana Prenup Enforceability Rating: B
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 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.
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 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.
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)
What is a prenuptial agreement?
A legal contract signed before marriage that determines how assets, debts, and finances are handled if the marriage ends. We recommend assets and debts are kept separate, unless held jointly, where they are split 50/50. Alimony is modified to incentivize larger families and longer marriages, rather than divorce. A privacy clause allows the growth of an intimate, trusting relationship. A dispute resolution clause moves proceedings out of an expensive courtroom and into mediation or arbitration, lowering conflict to maintain a workable relationship in the event of divorce.
How much does a prenup cost in Louisiana?
Attorney-drafted from scratch: $1,500–$5,000+ per side, plus parish recording fees of $105–$205 per parish. The smarter approach: start with our free Louisiana template, draft any changes with an AI like Claude, then hire an attorney only to review and assist with signing. The bill should be around $500 per side plus recording fees.
Are prenups enforceable in Louisiana?
Yes — Louisiana earns a B rating. When properly executed, Louisiana courts strongly enforce matrimonial agreements. Unconscionability is reviewed only at signing, not at divorce, and the challenging party bears the burden of proof. The primary risk is procedural, not substantive: courts have voided perfectly fair agreements because of missing witnesses, late acknowledgment of signatures, or post-wedding execution. Get the formalities right and your agreement is very difficult to break.
What makes a prenup invalid in Louisiana?
The most common ground is defective execution — missing a witness, having only one witness instead of two (Rush, Acurio), or acknowledging signatures after the wedding (Acurio, 2017; Ritz, 1995). Content-based grounds include fraud, duress, unconscionability at signing, or failure to disclose material financial information. Two provisions are always unenforceable regardless of drafting: (1) waivers of interim/temporary spousal support during divorce proceedings (Barber, 2010 — public policy protection), and (2) alterations to the marital portion or succession order (La. C.C. art. 2330). Leave out child custody and support entirely.
Do I need a lawyer to get a prenup in Louisiana?
Not technically, but in practice Louisiana is the state where you most need one. Louisiana's civil law system and authentic act requirements are genuinely complex — courts have voided agreements drafted without attorney guidance on technical formality grounds that have nothing to do with fairness. Both sides having separate attorneys is by far the safest path. Use the template to cut drafting costs — don't skip the attorney.
What should a Louisiana prenuptial agreement include?
Our Louisiana template is built around six core principles:
- Separate property — assets and debts stay with the party who acquired them, minimizing conflict
- Joint assets and debts — anything both parties sign for together is split 50/50
- Marital home — ownership is tracked as a percentage of contribution, so each party gets back what they put in
- Spousal support — permanent support structured to incentivize larger families and longer marriages, not divorce; interim support during divorce cannot be waived
- Full financial disclosure — all assets, debts, and income over $1,000, listed in the exhibits, satisfying the disclosure standard under Louisiana Civil Code Arts. 2328–2332
- Privacy clause — keeps financial and personal details private, supporting a trusting relationship
Leave out child custody and support entirely — Louisiana courts will not enforce them and they can invalidate the rest of the agreement.
Why does Louisiana's community property law make a prenup especially important?
Louisiana is a community property state — without a prenup, all income earned and assets acquired during the marriage by either spouse are automatically community property, split 50/50 at divorce regardless of who earned them (La. C.C. art. 2338). That includes salary, business growth, and investment returns. A matrimonial agreement lets both parties opt out of the community property regime entirely, designating all present and future earnings and assets as separate property. This is the most common and most valuable use of a Louisiana prenup.
How far in advance should I get a prenup in Louisiana?
Sign 60+ days before the wedding — and budget even more time than other states given Louisiana's unique execution requirements. Give your spouse at least two weeks to review with their own attorney, then schedule the signing ceremony with the notary and two witnesses well before the ceremony date. All signatures and acknowledgments must be completed before the wedding — there is no cure for post-wedding execution errors under Louisiana law. Contact an attorney 4–6 months before the wedding. Best practice: sign before proposing — no time pressure, and you'll be confident in whom you are choosing to marry.
What is an "authentic act" and why does it matter?
An authentic act is Louisiana's highest form of written contract — it requires both parties to sign the agreement in the presence of a notary public and two witnesses, all at the same signing (La. C.C. art. 1833). For prenups, the authentic act format is one of two valid execution methods under La. C.C. art. 2331. It matters because courts have invalidated agreements that were missing even one of the required witnesses (Rush, Acurio), and because any defect in the authentic act format — including acknowledgment that occurs after the wedding — permanently voids the agreement with no cure available. The attorneys present at signing can serve as both witnesses and notary, making a properly organized signing ceremony the cleanest way to satisfy all requirements at once.