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Louisiana Prenuptial Agreement: Laws, Requirements, & Cost | HelloPrenup

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What is a Louisiana prenup?

Everything to know about Louisiana prenups.

Prenuptial agreements (called “matrimonial agreements” in Louisiana) are contracts entered into before marriage between a couple. They outline things like property ownership, property division, alimony, taxes, pets, rings, and many other topics. Prenups can be emotional documents as much as they are practical ones. They help set expectations and boundaries for a couple prior to entering into marriage, which in turn can create a stronger foundation for the marriage.

Prenuptial agreements in Louisiana are governed by the Louisiana Civil Code's articles on matrimonial regimes, including La. Civ. Code art. 2331, rather than by the Uniform Premarital Agreement Act that most states adopted. Appellate decisions like Muller v. Muller, 72 So.3d 364 (2011) show how strictly Louisiana courts apply the formal execution requirements. Below, everything you need to know, organized exactly the way a Louisiana family law attorney would walk you through it.

Engaged couple laughing on a French Quarter balcony in New Orleans, Louisiana, before building their prenup

HelloPrenup proprietary data

Louisiana prenups by the numbers

What real Louisiana couples actually put in their prenups, pulled from HelloPrenup's own customer data. Every figure below reflects HelloPrenup users in Louisiana.

What do Louisiana couples actually put in their prenups?

Average age of Louisiana couples getting a prenup
38.3
Median debt disclosed by Louisiana couples
$36,612
Louisiana users who own a home
43.45%
Louisiana users who want joint bank accounts
73.51%
Louisiana couples who waive spousal supportWhether totally, based on time, or based on children
92.31%
Louisiana users who waive spousal support only if no children are bornIf the couple has kids, either party may still seek spousal support
23%
Louisiana users with an infidelity clause in their prenup
46.5%
Louisiana users who keep all future businesses as separate property
76%
Louisiana users who keep all assets separateFully opting out of Louisiana's community property regime
25%

In short: among HelloPrenup users in Louisiana, the average couple getting a prenup is 38.3 years old and discloses a median of $36,612 in debt. 43.45% own a home and 73.51% want joint bank accounts. 92.31% waive spousal support in some form, and about 23% waive it only if children are not born during the marriage. 46.5% have an infidelity clause in their prenup, about 76% keep all future businesses as separate property, and about 25% keep all categories of assets separate, fully opting out of Louisiana's community property regime.

Source: HelloPrenup internal customer data since 2021. Figures reflect HelloPrenup users in Louisiana.

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.

La. Civ. Code art. 2331 “A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.”

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.

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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.

Louisiana Civil Code Article 2331 requires matrimonial agreements to be executed either as an authentic act or as an act under private signature duly acknowledged by the spouses. An authentic act requires execution before a notary public or other authorized officer and two witnesses, with the required signatures appearing on the document. Alternatively, spouses may privately sign their agreement and duly acknowledge their signatures under Civil Code Article 1836, generally before a notary or other authorized officer in the presence of two witnesses. Other acknowledgment methods specifically authorized by law may also apply. For a premarital agreement, all required execution and acknowledgment formalities must be completed before the marriage.

This is considerably more formal than the simple written-and-signed standard most other states use, and failure to comply with Article 2331 can invalidate the agreement (La. Civ. Code arts. 1833, 1836, 2331).

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)
  • Executed or acknowledged in person before a notary or other authorized officer (no remote online notarization)
  • Witnessed by two witnesses, for an authentic act (La. Civ. Code art. 1833) or an acknowledgment (La. Civ. Code art. 1836)
  • For a premarital agreement, every execution and acknowledgment formality completed before the wedding

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. Under Civil Code Article 1836, each spouse acknowledges their signature, generally before a notary or other authorized officer in the presence of two witnesses. Other acknowledgment methods specifically authorized by law may also apply. Witnesses matter here: an acknowledgment that skips the required formalities can leave the agreement invalid.

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. For a premarital agreement, both steps must be completed before the wedding.

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. Both permitted execution methods involve a notary or other authorized officer and two witnesses, so a Louisiana matrimonial agreement needs more than a casual notary stamp.

Louisiana law expressly prohibits remote online notarization of matrimonial agreements and their acknowledgments. Under La. R.S. 35:623(B)(4), couples must use an execution and acknowledgment procedure permitted under Louisiana law. HelloPrenup's Louisiana agreements therefore require appropriate in-person execution and acknowledgment.

Is a Louisiana prenup effective against third parties?

Not automatically. A matrimonial agreement may be valid between the spouses without automatically becoming effective against third parties. Louisiana Civil Code Article 2332 establishes recordation requirements for third-party effectiveness. Agreements concerning immovable property must be filed in the conveyance records of the parish where the property is located, while the statute specifies filing in the parish or parishes of the spouses' domicile for movable property. This matters most where real estate, creditors, and financing are involved.

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 a 2025 case, Crow v. Crow, a prenuptial agreement was found enforceable 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 the wife was not compelled by law to read the agreement, she was still held to its consequences as if she had done so (Crow v. Crow, 425 So. 3d 856 (La. App. 2 Cir. 2025)). The decision was fact-specific, and the court excluded certain fraud and duress evidence because those matters had not been properly pleaded, so it shouldn't be read as a general rule that counsel never matters.

Attorney review or preparation of a Louisiana matrimonial agreement also does not replace the statutory execution requirements. An agreement generated or reviewed electronically must still be properly executed and acknowledged under Louisiana law before the marriage.

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 a specific statutory restriction, 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. But every required execution and acknowledgment formality must be completed before the marriage, and arranging a notary and two witnesses in person takes real coordination. It's worth starting well ahead of the wedding date rather than assuming this can be finalized 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 (La. App. 2 Cir. 2025)). That outcome turned on its particular facts.

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What can & can't be in a Louisiana prenup

What can't a Louisiana prenup change?

Although Louisiana allows spouses considerable flexibility in establishing their matrimonial property arrangements, certain matters cannot be altered by agreement. Under Louisiana Civil Code Article 2330, spouses cannot renounce or alter the marital portion or the legally established order of succession. They also cannot restrict certain rights of third parties concerning community obligations or transactions involving community property. Matrimonial agreements must also comply with applicable public-policy limitations (La. Civ. Code arts. 2329, 2330).

Does cheating void a prenup in Louisiana?

No, cheating doesn't void a prenup in Louisiana. “Cheating” isn't a ground for invalidating a prenup in Louisiana. Louisiana recognizes adultery as marital fault, which may affect divorce proceedings and eligibility for final periodic spousal support. Under Louisiana Civil Code Article 103(2), a spouse may obtain a divorce upon proving that the other spouse committed adultery, without satisfying the ordinary separation period. Article 98 separately establishes the spouses' mutual duties of fidelity, support, and assistance.

However, the enforceability of an infidelity provision in a prenuptial agreement is a separate legal question. Louisiana law does not automatically validate infidelity clauses simply because adultery is recognized as marital fault.

Are infidelity clauses enforceable in Louisiana?

According to Louisiana prenup lawyer Paul Moretti:

Paul Moretti, Louisiana prenup lawyer “Infidelity clauses can be powerful, but in Louisiana they are not automatically enforceable. The stronger the clause is drafted to protect legitimate financial interests, rather than simply punish a spouse, the better its chances of surviving judicial scrutiny.”

Such provisions must comply with Louisiana contract law and public-policy limitations. A provision imposing a financial penalty or modifying contractual rights because of infidelity may be challenged depending on its language, purpose, and consequences. Louisiana's recognition of adultery as marital fault does not, by itself, establish that contractual financial penalties for infidelity are enforceable (La. Civ. Code arts. 98, 111, 2329).

Can a prenup include child custody in Louisiana?

No, a Louisiana prenup cannot include child custody. A Louisiana prenuptial agreement cannot conclusively determine future child custody arrangements or eliminate a child's right to appropriate financial support. Custody decisions must satisfy the child's best-interest standard, evaluated under the factors in La. Civ. Code art. 134, and child support remains subject to applicable law and judicial determination (La. R.S. 9:315 et seq.). Although parents may discuss expectations in advance, a matrimonial agreement cannot deprive a court of its authority to determine custody or support based on the child's circumstances.

Can a prenup protect a business in Louisiana?

Yes. A Louisiana prenuptial agreement can protect business ownership interests by establishing whether a business will remain separate property and addressing the treatment of business income, appreciation, and related financial rights. Because Louisiana's default rule treats most property acquired during the marriage as community property, a matrimonial agreement is often the main tool a Louisiana couple has to do this. About 76% of Louisiana-based HelloPrenup users choose to keep all future businesses as separate property.

However, Louisiana law distinguishes ownership of separate property from income generated by that property and increases in value attributable to uncompensated marital labor. Under Civil Code Articles 2339 and 2368, community property or reimbursement claims may arise even when the underlying business is separately owned. These matters should be expressly addressed when drafting the agreement.

Can a prenup protect inheritance in Louisiana?

Yes, and Louisiana's default rule already does a good deal of that protection on its own. Property inherited individually by one spouse generally remains that spouse's separate property under Louisiana Civil Code Article 2341.

However, income generated by inherited property may be treated differently. Under Article 2339, the fruits and revenues of separate property generally become community property unless properly reserved as separate property under applicable law or otherwise addressed through a valid matrimonial property arrangement. This distinction matters for inherited businesses, investment portfolios, and rental properties. A prenuptial agreement can help clarify how inherited assets, income, and related financial rights will be treated, including what happens if inherited assets are commingled with community funds.

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, within the limits of Civil Code Article 2330. 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. Note that income from separate property is treated differently: under Article 2339, its fruits and revenues generally become community property unless properly reserved or addressed in a valid matrimonial agreement.

How does Louisiana's 2026 law change the treatment of employment earnings?

Louisiana enacted a new law effective August 1, 2026, addressing future earnings under certain employment contracts. Under La. R.S. 9:2801.3, future wages or earnings provided for in an employment contract executed during the community property regime are classified as the contracting spouse's separate property to the extent they remain unearned when the community property regime terminates. The statute also addresses certain later severance and liquidated-damages payments. The law was enacted by Act 405 of the 2026 Regular Legislative Session and expressly sought to overrule Orgeron v. Orgeron, 413 So. 3d 390 (2025).

Engaged Louisiana couple embracing beside a bayou under Spanish moss, thinking through what they will own together

Spousal support in Louisiana

Can a prenup waive spousal support in Louisiana?

Louisiana generally permits spouses to waive final periodic spousal support through a valid matrimonial agreement. However, prospective waivers of interim spousal support are contrary to public policy and unenforceable. Courts may also decline to enforce contractual limitations on interim support that are insufficient under the circumstances (McAlpine v. McAlpine, 679 So. 2d 85 (La. 1996); Hall v. Hall, 4 So. 3d 254 (La. App. 5 Cir. 2009)).

According to HelloPrenup's customer data, approximately 23% of Louisiana users elect to waive final periodic spousal support, subject to a condition that the waiver will not apply if children are born during the marriage. This reflects a contractual choice rather than a requirement of Louisiana law. Louisiana generally permits properly executed waivers of final periodic spousal support, and the birth of a child does not automatically invalidate an otherwise enforceable waiver. Interim spousal support, however, cannot be prospectively waived.

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 periodic 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:

Paul Moretti, Louisiana prenup lawyer “A well-drafted prenup is an investment in clarity. In Louisiana, attorney fees can range from around $1,000 to several thousand dollars, depending on the complexity of the couple's finances and the amount of negotiation involved.”

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 (in-person execution before a notary and two witnesses, either as an authentic act or by due acknowledgment) 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?

According to Clio's 2026 legal-rate data, attorneys in Louisiana charge an average of approximately $278 per hour, while family law attorneys average approximately $300 per hour. Actual fees for preparing or reviewing matrimonial agreements vary depending on the attorney's experience, the complexity of the couple's finances, and the amount of negotiation required. Agreements involving businesses, trusts, substantial assets, or complicated property arrangements generally cost more.

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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. 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 execution process.

Whichever route you choose, attorney review or preparation of a Louisiana matrimonial agreement does not replace the statutory execution requirements. The agreement must still be properly executed and acknowledged in person under Louisiana law before the marriage.

Can I write my own prenup in Louisiana?

Technically, nothing prevents a couple from drafting the substance of their own agreement, but Louisiana's execution requirements mean 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 execution, including a notary and two witnesses, adds a logistical step beyond simply drafting and signing a document. Utilizing HelloPrenup or another legitimate online prenup tool, preparing the document can take a matter of a few hours to a few days, depending on how committed each party is to completing the process.

Keep in mind that the time required to prepare the document may differ from the time required to complete its legal execution. An agreement generated or reviewed electronically must still be properly executed and acknowledged under Louisiana law before the marriage, so build in time to arrange in-person execution.

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 execution 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.

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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 or statutory restrictions. 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, either as an authentic act or as a duly acknowledged act under private signature, before the marriage, 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. Acurio, 224 So. 3d 935 (La. 2017), the Louisiana Supreme Court held that a premarital matrimonial agreement must be executed as an authentic act or signed and duly acknowledged before marriage. An agreement that fails to satisfy these statutory formalities before the marriage is invalid. In other words, the court “threw out” this Louisiana prenup because it wasn't properly executed and acknowledged before the wedding.

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 before the marriage
  • 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, such as an attempt to alter the marital portion or the order of succession (La. Civ. Code art. 2330)

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 changes it. Because Louisiana allows matrimonial property arrangements to be modified during the marriage, subject to the rules below, 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, an agreement that modifies or terminates the matrimonial regime during marriage generally requires judicial approval under Civil Code Article 2329. The statute provides exceptions, including agreements adopting the legal community property regime and qualifying agreements executed during the first year after spouses establish Louisiana domicile. The agreement must also satisfy the execution requirements of Article 2331.

Can you change a prenup in Louisiana?

Yes. Louisiana spouses may modify their matrimonial property arrangements, but a modification or termination of the matrimonial regime during marriage generally requires judicial approval under Civil Code Article 2329. The statute provides exceptions, including agreements adopting the legal community property regime and qualifying agreements executed during the first year after spouses establish Louisiana domicile. Any amendment should also comply with applicable execution requirements, by authentic act or a duly acknowledged act under private signature (La. Civ. Code arts. 2329, 2331).

Cross-border & recognition

Is a prenup signed in another state valid in Louisiana?

Often, yes. A prenuptial agreement executed in another state may be recognized and enforced in Louisiana even when it was not executed using Louisiana's customary matrimonial agreement formalities. Courts consider applicable choice-of-law principles, the law governing the agreement, and relevant public-policy restrictions. In Neivens v. Estrada-Belli, 228 So. 3d 238 (La. App. 4 Cir. 2017), a Louisiana appellate court enforced a prenuptial agreement governed by Tennessee law. Whether another state's agreement will be enforced depends on the particular circumstances.

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.

Louisiana caselaw

Important prenup case law in Louisiana

Seven Louisiana decisions that shape how courts evaluate matrimonial agreements. Click any case for the full opinion.

Louisiana Supreme Court · 1996

McAlpine v. McAlpine

679 So. 2d 85 (La. 1996)

Louisiana generally permits spouses to waive final periodic spousal support through a valid matrimonial agreement, subject to ordinary contract defenses.

Louisiana Court of Appeal, Fifth Circuit · 2009

Hall v. Hall

4 So. 3d 254 (La. App. 5 Cir. 2009)

Prospective waivers of interim spousal support are contrary to public policy and unenforceable.

Louisiana Court of Appeal, Fifth Circuit · 2011

Muller v. Muller

72 So. 3d 364 (La. App. 5 Cir. 2011)

Declared a premarital agreement null because the wife's signature wasn't properly witnessed and neither spouse duly acknowledged it before the wedding. Her later confirmation in court couldn't fix the defect.

Louisiana Court of Appeal, Third Circuit · 2011

Weinstein v. Weinstein

62 So. 3d 878 (La. App. 3 Cir. 2011)

To establish fraud, the error must concern a circumstance that substantially influenced the party's consent. Courts are skeptical when the challenger had a chance to review the agreement and get counsel.

Louisiana Supreme Court · 2017

Acurio v. Acurio

224 So. 3d 935 (La. 2017)

A premarital matrimonial agreement must be executed as an authentic act or signed and duly acknowledged before marriage. One that fails these formalities before the wedding is invalid.

Louisiana Court of Appeal, Fourth Circuit · 2017

Neivens v. Estrada-Belli

228 So. 3d 238 (La. App. 4 Cir. 2017)

A Louisiana appellate court enforced a prenuptial agreement governed by Tennessee law.

Louisiana Court of Appeal, Second Circuit · 2025

Crow v. Crow

425 So. 3d 856 (La. App. 2 Cir. 2025)

Upheld a prenup signed without attorney representation, where the wife knew about it at least a month ahead, was college educated with business experience, and had counsel in a prior divorce. The decision was fact-specific.

How it works

Easy, all-in-one solution designed to
complete an enforceable agreement in about a day

Step 1

Fill out your questionnaires

Both you and your partner will fill out your own Louisiana-specific questionnaires on your own HelloPrenup accounts. The questions cover separate property, gifts & inheritance, debts, pets, businesses, and the issues that matter most under Louisiana's Civil Code, like whether to modify or opt out of the community property regime.

HelloPrenup questionnaire on laptop screen

Step 2

Align on clauses together

Compare answers with your partner and align on differences to build your custom Louisiana clauses together. Negotiate openly without back-and-forth attorney emails.

HelloPrenup clause alignment on laptop screen

Step 3 (optional)

Review with a Louisiana attorney

Louisiana's civil law execution requirements and community property default make attorney guidance especially valuable, and a Louisiana attorney can coordinate the authentic act signing. Add a Louisiana attorney directly in your account for $799 flat, per partner. That's well below the $1,000 to several thousand dollars a traditional Louisiana prenup can cost.

HelloPrenup attorney available to review your Louisiana prenup

Step 4

Review & notarize your prenup

Review your completed Louisiana prenup, then print it and sign it in person. Under La. Civ. Code art. 2331, a matrimonial agreement must be made by authentic act, signed before a notary and two witnesses, or by an act under private signature duly acknowledged by the spouses, so plan your in-person notary (and witnesses) before the wedding.

HelloPrenup notarization on laptop screen

Humanizing the legal experience without expensive price tags

HelloPrenup has partnered with over 100 elite attorneys across the country, including Louisiana-licensed family lawyers. Every attorney meets our strict standards for quality services.

Louisiana's matrimonial agreements run on civil law concepts and formal execution requirements, so having a Louisiana attorney review your agreement is one of the best ways to make sure it does what you intend. You can add Louisiana attorney services directly in your account.

Attorney-Backed
$599
Includes free consultation, Louisiana-specific prenup per couple
Attorney-Signed
$2,197
Adds Louisiana attorney review & signature for both partners

Attorney services are optional* peace-of-mind add-ons

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Why choose HelloPrenup?

100,000+
Partners have used HelloPrenup
49 states
State-specific coverage, including Louisiana
Flat-rate
No hidden fees, no billable-hour surprises
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Attorney-backed

Our prenups are created by licensed attorneys and tailored to Louisiana's specific laws, including the matrimonial agreement rules in La. Civ. Code art. 2331.

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A guided, stress-free process

No awkward conversations or confusing legal jargon. Our platform walks you through every Louisiana-specific decision, together.

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Built for complex assets

Louisiana earners hold more than salaries. HelloPrenup includes clauses tailored to stock options, RSUs, vesting equity, retirement accounts, and business interests in any LLC, partnership, or sole proprietorship.

A TRUSTED PRENUP THAT'S AFFORDABLE

We value full financial transparency

We encourage every couple to enter their marriage with full financial transparency and we're starting our relationship with you the same way. Our prenup packages are flexible to adapt to exactly what you and your partner need.

It's free to start creating and then requires a flat payment of $599 to complete. Along the way, you can add on additional services as needed, any time. Availability of these services is dependent on your state. Use the calculator to get an estimate.

You can also choose to sign now and pay later with:

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Frequently asked questions about Louisiana prenups

Direct answers to the most common questions about prenuptial agreements in Louisiana, with Civil Code and case citations.

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 or statutory restrictions. Louisiana calls them “matrimonial agreements,” and La. Civ. Code art. 2331 requires them to be made by authentic act or by an act under private signature duly acknowledged by the spouses, completed before the marriage.
According to Louisiana prenup lawyer Paul Moretti, attorney fees in Louisiana can range from around $1,000 to several thousand dollars, depending on the complexity of the couple's finances and the amount of negotiation involved. According to Clio's 2026 legal-rate data, attorneys in Louisiana charge an average of approximately $278 per hour, while family law attorneys average approximately $300 per hour. HelloPrenup's Louisiana prenup is $599 flat per couple for the online platform, plus $799 flat per attorney if you add Louisiana attorney representation through us.
Not as an absolute legal requirement. Louisiana's Civil Code doesn't impose a flat requirement that each spouse retain independent counsel. Still, Louisiana prenup requirements are stricter than those of other states, and between the civil law concepts involved, the formal execution process, and Louisiana's community property default, working with a Louisiana attorney can be a good idea. In Crow v. Crow, 425 So. 3d 856 (La. App. 2 Cir. 2025), a prenup was found enforceable without attorney representation, but the decision was fact-specific.
No. 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. Its rules for matrimonial agreements come from the Civil Code itself, with roots in French and Spanish legal tradition.
Under La. Civ. Code art. 1833, an authentic act is 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. Louisiana law treats it as full proof of the agreement between the parties, so it's essentially self-proving in court.
Yes. Without a prenup, Louisiana's default legal regime of community property applies, and community property is generally split equally between the spouses when the marriage ends. Louisiana kept its civil law foundation after the United States acquired it in 1803, so its community property rules are one piece of a civil law framework rather than a carve-out inside a common law system.
Partly. Louisiana generally permits spouses to waive final periodic spousal support through a valid matrimonial agreement, but prospective waivers of interim spousal support are contrary to public policy and unenforceable (McAlpine v. McAlpine, 679 So. 2d 85 (La. 1996); Hall v. Hall, 4 So. 3d 254 (La. App. 5 Cir. 2009)).
No, cheating doesn't void a prenup in Louisiana. Louisiana recognizes adultery as marital fault, which may affect divorce proceedings and eligibility for final periodic spousal support (La. Civ. Code arts. 103, 111). Whether an infidelity provision in a prenup is enforceable is a separate legal question.
They can be, but not automatically. Louisiana prenup lawyer Paul Moretti notes that the stronger the clause is drafted to protect legitimate financial interests, rather than simply punish a spouse, the better its chances of surviving judicial scrutiny. Such provisions must comply with Louisiana contract law and public-policy limitations, and Louisiana's recognition of adultery as marital fault does not, by itself, make contractual financial penalties for infidelity enforceable.
No. A Louisiana prenup cannot conclusively determine future child custody arrangements or eliminate a child's right to appropriate financial support. Custody decisions must satisfy the child's best-interest standard under La. Civ. Code art. 134, and child support remains subject to applicable law and judicial determination.
Louisiana doesn't build a specific waiting period into its matrimonial agreement law. But every required execution and acknowledgment formality must be completed before the marriage, and arranging a notary and two witnesses in person takes real coordination, so it's worth starting well ahead of the wedding date. In Acurio v. Acurio, the Louisiana Supreme Court held that an agreement not acknowledged until after the marriage was invalid.
Going the traditional route, most Louisiana couples should expect a few weeks to a couple of months, in part because coordinating execution, including a notary and two witnesses, adds a logistical step. Using HelloPrenup or another legitimate online prenup tool, preparing the document can take a few hours to a few days. The agreement must still be executed and acknowledged in person before the marriage, so build in time for that.
Technically, nothing prevents a couple from drafting the substance of their own agreement, but Louisiana's execution requirements mean the final document still has to go through a formal process. 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.
Effectively, yes. Under La. Civ. Code art. 2331, a matrimonial agreement must be made by authentic act or by a duly acknowledged act under private signature, and both methods involve a notary or other authorized officer and two witnesses. Louisiana law also prohibits remote online notarization of matrimonial agreements and their acknowledgments (La. R.S. 35:623(B)(4)), so HelloPrenup's Louisiana agreements require in-person execution and acknowledgment.
A Louisiana matrimonial agreement can be found invalid if it wasn't properly executed by an authentic act or a duly acknowledged act under private signature before the marriage, if its terms violate public order or good morals or a specific statutory restriction, or if it was the product of error, fraud, or duress. In Acurio v. Acurio, 224 So. 3d 935 (La. 2017), the Louisiana Supreme Court held that an agreement failing these formalities before the marriage is invalid.
Yes. Louisiana's Civil Code allows spouses to enter into a matrimonial agreement before or during the marriage. However, an agreement that modifies or terminates the matrimonial regime during marriage generally requires judicial approval under La. Civ. Code art. 2329, with exceptions including agreements adopting the legal community property regime and qualifying agreements executed during the first year after spouses establish Louisiana domicile.
Often, yes. Courts consider applicable choice-of-law principles, the law governing the agreement, and relevant public-policy restrictions. In Neivens v. Estrada-Belli, 228 So. 3d 238 (La. App. 4 Cir. 2017), a Louisiana appellate court enforced a prenuptial agreement governed by Tennessee law. Whether another state's agreement will be enforced depends on the particular circumstances.
Among HelloPrenup users in Louisiana, the average couple getting a prenup is 38.3 years old. That figure comes from HelloPrenup's own Louisiana customer data since 2021.
HelloPrenup couples in Louisiana disclose a median of $36,612 in debt during financial disclosure, according to HelloPrenup's Louisiana customer data since 2021.
92.31% of HelloPrenup couples in Louisiana waive spousal support in some form, whether totally, based on time, or based on children, and approximately 23% elect to waive final periodic spousal support subject to a condition that the waiver will not apply if children are born during the marriage. Louisiana allows a prenup to waive final periodic spousal support, but not interim spousal support (Hall v. Hall).
46.5% of HelloPrenup users in Louisiana have an infidelity clause in their prenup. Louisiana recognizes adultery as marital fault, but that does not, by itself, make contractual financial penalties for infidelity enforceable.
About 25% of Louisiana-based HelloPrenup users keep all categories of assets separate, meaning they totally opt out of Louisiana's community property regime, and about 76% keep all future businesses as separate property.
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