The all-inclusiveLouisiana prenup

The controlling statute & cases

What law governs prenups in Louisiana?

Louisiana doesn't use the term “prenuptial agreement” in its own law. Instead, Louisiana is the only state built on a civil law system rather than common law, and its rules come from the Louisiana Civil Code's articles on matrimonial regimes, generally found around La. Civ. Code art. 2325 and the sections that follow. Louisiana calls this kind of agreement a “matrimonial agreement,” and it serves a different starting purpose than a prenup does in most other states: rather than opting into special terms against a backdrop of individual ownership, a Louisiana matrimonial agreement typically opts out of, or modifies, the state's default community property system.

Is Louisiana a UPAA state?

No, and the reason goes deeper than most states that haven't adopted the Uniform Premarital Agreement Act. Louisiana's legal system wasn't built on English common law the way the other forty-nine states were, so it doesn't borrow uniform acts drafted for common law jurisdictions in the same way. Louisiana's rules for matrimonial agreements come from the Civil Code itself, a comprehensive, codified body of civil law with roots in French and Spanish legal tradition, rather than from a model statute adapted from other states' common law practice.

Requirements for a Louisiana prenup

What are the requirements for a prenup in Louisiana?

Under Louisiana's Civil Code, a matrimonial agreement generally needs to address property matters that don't violate public order or good morals, and Louisiana law allows spouses to enter into one either before or during the marriage. The formal execution requirement is where Louisiana really stands apart from the rest of the country: a matrimonial agreement typically has to be made by “authentic act,” a Louisiana civil law concept involving execution before a notary and witnesses that carries much stronger legal weight than an ordinary signature, or by an act under private signature that is duly acknowledged (La. Civ. Code art. 2331). This is considerably more formal than the simple written-and-signed standard most other states use.

Requirements:

• In writing, addressing property matters that don't violate public order or good morals
• Made by authentic act, or by an act under private signature duly acknowledged by the spouses (La. Civ. Code art. 2331)
• Notarized, in person
• Witnessed (two witnesses, for an authentic act under La. Civ. Code art. 1833)
• For a premarital agreement, fully executed (and acknowledged, if signed privately) before the wedding

Because of these formalities, HelloPrenup's Louisiana prenups are printed and signed in person in front of a notary, rather than through remote e-notarization.

What does “authentic act” mean in Louisiana?

An authentic act is a specific, formal way of executing a document under Louisiana civil law, and it's meaningfully more rigorous than what “notarized” means in the other forty-nine states. Louisiana Civil Code art. 1833 defines it as a writing executed before a notary public (or another officer authorized to perform that function) and in the presence of two witnesses, signed by each party, each witness, and the notary. Because of how it's executed, an authentic act carries a kind of built-in credibility a private, ordinary signed document doesn't have on its own: Louisiana law treats it as full proof of the agreement between the parties, meaning it's essentially self-proving in court without needing separate witness testimony to establish that it was actually signed and is what it claims to be.

For a prenuptial agreement, using the authentic act process isn't an optional upgrade the way notarization is in other states. It's generally the standard, expected way these agreements get executed in Louisiana.

What does “duly acknowledged” mean in Louisiana?

This phrase describes the second of the two ways Louisiana law allows a prenuptial agreement to be validly executed, as an alternative to the full authentic act process. An act under private signature, what Louisiana civil law calls an acte sous seing privé, is simply a document the parties sign themselves, without a notary and witnesses present for the actual signing, closer to how an ordinary contract gets signed in most states. On its own, that kind of document doesn't carry the same built-in evidentiary weight as an authentic act.

“Duly acknowledged” is what closes that gap: after the agreement is signed, each party appears before a notary or another officer authorized to take acknowledgments and formally confirms that the signature is genuinely theirs and that they signed the agreement, and the notary certifies that confirmation.

In other words: It's a two-step process, sign first and acknowledge afterward, rather than the single ceremony an authentic act involves, where the notary and witnesses are present for the signing itself.

Bottom line? Louisiana treats both paths, authentic act or a duly acknowledged act under private signature, as acceptable ways to validly execute a matrimonial agreement, though the authentic act is generally the more robust and more commonly used of the two.

Does a prenup need to be notarized in Louisiana?

Effectively, yes, and in a more robust sense than notarization works in most states. Because Louisiana's authentic act process generally involves a notary and witnesses, and carries special evidentiary weight under Louisiana civil law, a Louisiana matrimonial agreement typically needs more than a casual notary stamp, it needs to be executed through this more formal civil law procedure to be treated as the kind of document the Civil Code contemplates.

Do both parties need a lawyer for a prenup in Louisiana?

Louisiana's Civil Code doesn't impose a flat requirement that each spouse retain independent counsel. That said, given how different Louisiana's community property default is from the separate-property starting point most Americans are used to, and given the formality of the authentic act process, going without an attorney familiar with Louisiana's civil law system carries more risk here.

In addition, in a recent 2025 case, Crow v. Crow, a prenuptial agreement was found enforceable, even without attorney representation, where the wife had at least one month's notice of its potential existence, was college educated with extensive business experience, and had been represented by legal counsel in a prior divorce. The court held that although a wife was not compelled by law to necessarily read the prenuptial agreement, she was still held to the consequences as if she had done so (Crow v. Crow, 425 So.3d 856 (2025)).

What makes a prenup invalid in Louisiana?

A Louisiana “matrimonial agreement” (i.e., prenup) can run into problems if it wasn't properly executed by an authentic act or a duly acknowledged act under private signature, if its terms violate public order or good morals, or if it was the product of the same kinds of defects in consent that Louisiana's civil law generally recognizes, such as error, fraud, or duress.

For example, in Muller v. Muller, a premarital agreement was declared null and void ab initio because the wife's signature was not properly witnessed by the notary, making it defective in form. The wife signed the prenup without a notary watching, and there were no witnesses to the signing. Neither spouse properly confirmed their signature before the wedding (“duly acknowledged”), and the wife's later confirmation in court could not fix that, so the court ruled the prenup invalid. (Muller v. Muller, 72 So.3d 364 (2011)).

In Weinstein v. Weinstein, the court noted that to establish fraud, the error must concern a circumstance that substantially influenced the party's consent (Weinstein v. Weinstein, 62 So.3d 878 (2011)). However, courts are skeptical of such claims when the challenging party had adequate opportunity to review the agreement and obtain counsel.

How long before the wedding should I sign a prenup in Louisiana?

Louisiana doesn't build a specific waiting period into its prenuptial agreement (i.e. “matrimonial agreement”) law. Because the authentic act process itself takes real coordination, arranging a notary, witnesses, and proper execution, it's worth starting well ahead of the wedding date rather than assuming this can be finalized quickly in the final days before the ceremony. Although no specific advance timing is mandated, Louisiana courts do consider the circumstances surrounding execution. In Crow v. Crow, the court upheld a prenuptial agreement where the wife knew about its potential existence at least one month prior to its execution, was college educated with extensive business experience, and had been previously married and represented by counsel in that prior divorce (Crow v. Crow, 425 So.3d 856 (2025)).

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What can & can't be in a Louisiana prenup

Does cheating void a prenup in Louisiana?

Not on its own. “Cheating” isn't a ground for invalidating a prenup in Louisiana. However, Louisiana does give cheating a more significant and more explicit role than almost any other state. Louisiana divorce law allows a couple to divorce after a period of living separate and apart, but it also lets a spouse seek an immediate divorce on fault grounds like adultery, bypassing that waiting period. More importantly for support purposes, Louisiana's spousal support law ties final spousal support eligibility directly to fault: a spouse who is found to be at fault, which includes adultery, may be barred from receiving final periodic spousal support (La. Civ. Code art. 111 and the articles around it). Given that Louisiana's own law already conditions support on fault, a prenup agreement clause addressing infidelity and conditioning the agreement's validity on fidelity is possible in the state.

Are infidelity clauses enforceable in Louisiana?

According to Louisiana prenup lawyer, Paul Moretti:

Louisiana is probably one of the most receptive states to infidelity clauses, simply because fault, including adultery, is already built directly into Louisiana's spousal support law as a disqualifying factor. That said, any clause still has to meet Louisiana's general contract validity standards, meaning it can't violate public policy or good morals, and a clause structured as an extreme, disproportionate penalty could still face a challenge on those civil law grounds, even in a state this comfortable weighing fault generally.

Can a prenup include child custody in Louisiana?

No. Louisiana custody decisions are based on the best interest of the child, evaluated under the factors in La. Civ. Code art. 134, and that evaluation has to reflect the child's actual circumstances at the time custody is at issue. A prenuptial agreement signed years before a couple has children can't be used to lock in custody terms in advance, since a private contract can't substitute for the court's individualized look at the child's situation when it matters.

Can a prenup protect a business in Louisiana?

Yes. Because Louisiana's default rule treats most property acquired during the marriage as community property, owned equally by both spouses, a matrimonial agreement is often the main tool a Louisiana couple has to keep a business, including its future growth, classified as one spouse's separate property instead of falling into the community estate. For example, about 76% of Louisiana-based HelloPrenup users choose to keep all future businesses as separate property, keeping any future started companies out of the community property default regime in the state.

Can a prenup protect inheritance in Louisiana?

Yes, and Louisiana's default rule here actually already does a good deal of that protection on its own. Under La. Civ. Code art. 2341, property one spouse receives through inheritance or a gift to that spouse individually is generally classified as separate property, outside the community system, even without an agreement. A prenuptial agreement is still useful for reinforcing that separate classification and addressing what happens if inherited assets are commingled with community funds or grow in value during the marriage through community effort.

Marital property in Louisiana

Is Louisiana a community property state?

Yes, and it's worth understanding (and super interesting!) how Louisiana got there, since its path is genuinely different from every other community property state, including the ones that share its Spanish legal roots. Louisiana's community property system traces back to the mix of French and Spanish civil law that governed the territory before it became part of the United States… French colonial law for much of Louisiana's early history, then Spanish law during the period Spain controlled the territory, both of which recognized a form of shared ownership between spouses for property acquired during marriage. When the United States acquired Louisiana in 1803, the territory made a deliberate choice that set it apart from virtually every other part of the country: rather than adopting English common law the way other new territories did, Louisiana kept its civil law foundation, carrying it forward first through an early legal digest and then through its own Civil Code, which still governs the state today.

That history also explains why Louisiana looks different from the other community property states, even though several of them, including Texas, California, Arizona, and New Mexico, also trace their community property rules back to Spanish or Mexican legal influence from their own territorial histories. Those states became common law states overall, adopting English common law as their general legal system while specifically preserving or re-enacting community property treatment by statute. Louisiana never made that switch. Its community property rules aren't a carve-out inside an otherwise common law system; they're simply one piece of a civil law framework that governs contracts, property, and family law across the board.

How is property divided in a divorce in Louisiana without a prenup?

Without a prenuptial agreement, Louisiana's default legal regime of community property applies, and community property is generally split equally between the spouses when the marriage ends, following the partition procedures set out in Louisiana law, including La. R.S. 9:2801. Separate property, under La. Civ. Code art. 2341, generally includes property owned before the marriage, property acquired with separate funds, and property received individually by inheritance or gift, and it stays outside that equal division. A house bought during the marriage with either spouse's salary, for example, would typically be community property split evenly, regardless of whose name is on the title.

Does a prenup override Louisiana's community property system?

Yes, and this is really the central purpose of a Louisiana matrimonial / prenuptial agreement. A couple can use one to opt out of the community property legal regime entirely in favor of separation of property, or to modify specific aspects of how community property would otherwise be classified and divided. Because Louisiana's default system is so different from the separate-property starting point most states use, a prenuptial agreement often does more fundamental work here than a prenup does in other states, where the agreement is usually fine-tuning an already-individualized system rather than opting out of a shared-ownership default. Interestingly, about 25% of Louisiana-based HelloPrenup users choose to keep all categories of assets separate, meaning they totally opt out of the community property regime in the state.

What is separate property in Louisiana?

Under La. Civ. Code art. 2341, Louisiana's separate property generally includes property owned by a spouse before the marriage, property acquired during the marriage with separate funds or in exchange for separate property, and property acquired individually by inheritance or donation. In practical terms, what a spouse brought into the marriage, and anything given or left to that spouse alone, generally stays theirs, unless it becomes mixed with community funds closely enough to lose its separate identity.

Spousal support in Louisiana

Can a prenup waive spousal support in Louisiana?

In Louisiana, a prenuptial agreement (matrimonial agreement) can waive final periodic (permanent) spousal support, but cannot waive interim spousal support, as the latter is considered against public policy. The distinction between these two types of support is critical and well-established under Louisiana law. (Hall v. Hall, 4 So.3d 254 (2009)). Interestingly, about 23% of Louisiana users waive spousal support but only if children are not born during the marriage. If the couple has kids, either party may still seek spousal support.

How is spousal support determined in Louisiana without a prenup?

Without a prenuptial agreement, Louisiana courts can award interim periodic spousal support during the divorce process based on need. Final periodic spousal support after the divorce works differently: under La. Civ. Code art. 111 and the related articles, a spouse generally has to be free from fault to receive it, and courts weigh factors such as:

• The needs of the spouse seeking support
• The income and means of both parties, including the liquidity of their assets
• The financial obligations of each party
• Each spouse's earning capacity
• The duration of the marriage
• Each spouse's age and health

Louisiana's explicit fault bar on final support is one of the more distinctive features of its family law and sets it apart from the more purely need-based approach many other states use.

How much does a prenup cost in Louisiana?

How much does a prenup cost in Louisiana?

According to Louisiana prenup lawyer, Paul Moretti:

Further, costs can also depend on the complexity of a couple's finances and which attorneys are involved. Because the formal execution requirements are more involved than in most states, couples with real estate, business interests, or more complex finances should expect costs toward the higher end of that range or beyond it.

What is the cheapest way to get a prenup in Louisiana?

The cheapest way to get a prenup is to either do it yourself or find an online prenup tool with Louisiana state prenup laws applied. However, because Louisiana's prenuptial agreement process is built around civil law concepts and formal execution requirements (witnesses, notaries, or duly acknowledged) that many online templates aren't designed for, this is a state where working with a Louisiana-licensed attorney from early in the process or with a state-compliant prenup company like HelloPrenup, rather than trying to generate a full agreement independently first, tends to be the more reliable approach, even if it isn't the absolute cheapest option available.

How much does a prenup lawyer cost in Louisiana?

The average lawyer in Louisiana charges $266 per hour. Family law attorneys handling matrimonial agreements in Louisiana typically charge somewhere between $250 and $400 per hour, with rates in New Orleans and Baton Rouge often running toward the higher end. A simple agreement with modest assets generally takes fewer billable hours (and less overall cost) than one involving a business, trust, and/or multiple properties.

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How to get a prenup in Louisiana

How do I get a prenup in Louisiana?

You can choose to get a prenup with an online company, like HelloPrenup, as long as they have a thorough understanding and application of Louisiana's niche execution requirements. So, for that reason, some couples choose to work directly with an attorney licensed in Louisiana from the start, rather than drafting the substance independently first. That attorney can help the couple decide whether they want to modify specific aspects of the community property regime or opt out of it entirely in favor of separation of property, and can coordinate the authentic act execution process.

Can I write my own prenup in Louisiana?

Technically, nothing prevents a couple from drafting the substance of their own agreement, but Louisiana's authentic act execution requirement means the final document still has to go through a formal process some people aren't equipped to handle without professional guidance. Given how different Louisiana's underlying property system is from the rest of the country, a self-drafted agreement that doesn't account for the civil law concepts involved is at real risk of not doing what the couple actually intended.

How long does it take to get a prenup in Louisiana?

If going the traditional route, most Louisiana couples should expect the process to take anywhere from a few weeks to a couple of months, in part because coordinating the authentic act execution, including a notary and witnesses, adds a logistical step beyond simply drafting and signing a document. However, utilizing HelloPrenup or another legitimate online prenup tool can take a matter of a few hours to a few days, depending on how committed each party is to completing the process.

Do I need a lawyer to get a prenup in Louisiana?

Not as an absolute legal requirement, but Louisiana prenup requirements are stricter than those of other states, so hiring a lawyer may be a good idea for couples in this state. Between the civil law concepts involved, the formal authentic act process, and how fundamentally different Louisiana's community property default is from what most people expect, working with a Louisiana attorney can be a good idea, even though it isn't strictly mandated.

Caselaw & enforceability

Are prenups enforceable in Louisiana?

Yes, prenuptial agreements are enforceable in Louisiana when they're properly executed under the Civil Code's formal requirements and don't violate public policy. Because Louisiana's system is built on codified civil law rather than a body of case law developing a specific multi-part test, enforceability questions in Louisiana tend to be analyzed through the state's general contract and consent principles, including whether the agreement was free of error, fraud, or duress, rather than through a judicially created checklist, the way many common law states approach the issue.

How hard is it to break a prenup in Louisiana?

It's difficult if the agreement was properly executed by an authentic act (witnesses + notary and/or duly acknowledged) and doesn't run afoul of public policy. A spouse looking to challenge a Louisiana prenuptial agreement generally has to point to a defect recognized under Louisiana's general contract law, such as a lack of genuine consent due to error, fraud, or duress, or a formal execution problem, rather than arguing the deal simply turned out to favor one spouse.

Can a judge throw out a prenup in Louisiana?

Yes, if the agreement wasn't properly executed under Louisiana's formal requirements, if it violates public order or good morals, or if it's otherwise invalid under Louisiana's general contract and consent principles. A Louisiana court isn't likely to set aside a matrimonial agreement that was properly executed and doesn't run into one of these specific problems.

For example, in Acurio v. Cage, the Second Circuit held that a prenuptial matrimonial agreement was invalid for failure to adhere to the statutory form requirement of La. Civ. Code art. 2331. In other words, the judge “threw out” this Louisiana prenup for not being signed and executed properly. (Acurio v. Cage, 257 So.3d 824 (2018)).

What can void a prenup in Louisiana?

A Louisiana prenuptial agreement can be found invalid if:

• It wasn't executed by authentic act or a duly acknowledged act under private signature
• Its terms violate public order or good morals
• It was the product of error, fraud, or duress under Louisiana's general contract principles
• A provision is otherwise prohibited under Louisiana law

Outside of these grounds, Louisiana courts generally hold couples to a properly executed matrimonial agreement.

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Duration & after-marriage

How long does a prenup last in Louisiana?

A valid Louisiana prenuptial matrimonial agreement generally stays in effect for the duration of the marriage unless the couple builds in a change. Because Louisiana allows matrimonial agreements to be modified during the marriage, a couple's arrangement isn't necessarily locked in the same rigid way it might be in a state that treats prenups and postnups as entirely separate legal categories.

Can you get a prenup after marriage in Louisiana?

Yes, and this is one of the more distinctive features of Louisiana law. Louisiana's Civil Code allows spouses to enter into a “matrimonial agreement” either before or during the marriage, under the same general framework, rather than drawing the sharp line between premarital and postmarital agreements that most other states do. However, it's critical to note that under La. Civ. Code art. 2329, spouses who want to modify or terminate their matrimonial regime during the marriage generally need to file a joint petition with a Louisiana court, and the court has to find that the agreement serves their best interests and that they understand the governing principles and rules. There are two exceptions: spouses can return to Louisiana's default legal regime at any time without court approval, and during the first year after moving to and establishing a domicile in Louisiana, spouses may enter into a matrimonial agreement without court approval. Anyone considering a Louisiana matrimonial agreement during the marriage should talk with a Louisiana attorney about how this applies to their specific situation. Couples in that position often look at a postnuptial agreement.

Can you change a prenup in Louisiana?

Generally, yes, through a new matrimonial agreement meeting the same formal requirements as the original, including execution by authentic act or a duly acknowledged act under private signature. As with the original agreement, modifying an existing matrimonial agreement during the marriage generally requires a joint petition and court approval under La. Civ. Code art. 2329, unless the couple is within its first year of living in Louisiana. This is worth confirming with a Louisiana attorney rather than assuming it works exactly like amending a prenup.

Cross-border & recognition

Is a prenup signed in another state valid in Louisiana?

Louisiana courts generally respect choice-of-law principles, but Louisiana's civil law system and its community property default make this an area where real care is needed. An agreement drafted for a common law, separate-property state may use concepts and formalities that don't translate directly into Louisiana's framework, so a Louisiana court asked to apply an out-of-state agreement will likely look closely at whether its terms and execution can be reconciled with Louisiana's own formal requirements and public order limitations.

What happens to my Louisiana prenup if I move to another state?

This depends heavily on how the new state treats Louisiana's distinct civil law concepts and its community property default. A prenuptial agreement built around opting in or out of Louisiana's community property regime may not translate cleanly into a state with a different default property system, even if that state generally respects choice-of-law clauses. Couples who move into or out of Louisiana after signing a matrimonial agreement, or a prenup from another state, should have it reviewed by an attorney in the new location, since Louisiana's civil law framework is different enough from the rest of the country that this isn't a situation where the usual cross-state assumptions reliably apply. HelloPrenup's prenup takes this into account already.