Getting married in Louisiana? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Louisiana Civil Code Art. 2329 requires that a matrimonial agreement before marriage be made by authentic act or by act under private signature duly acknowledged, before the marriage.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Assuming a Louisiana prenup meets the execution formalities, its enforceability is generally favored by Louisiana courts as long as there is no fraud or duress…
- Louisiana has very strict formality requirements for prenuptial agreements (called “matrimonial agreements” under Louisiana law).
- This is a <strong>community‑property</strong> jurisdiction—your prenup can define what stays separate and how community property is handled.
Are prenups legal in Louisiana?
Louisiana has very strict formality requirements for prenuptial agreements (called “matrimonial agreements” under Louisiana law). A Louisiana prenup must be executed before the marriage and in the form of an authentic act – meaning it must be signed by the parties in the presence of a notary public and two witnesses.
What makes a Louisiana prenup enforceable?
Assuming a Louisiana prenup meets the execution formalities, its enforceability is generally favored by Louisiana courts as long as there is no fraud or duress in its making. Louisiana is a community property state by default; a matrimonial agreement typically alters or rejects the community property regime. Louisiana Civil Code Art.
What you can—and can’t—include
In a Louisiana prenup, the most common clause is opting out of community property. Louisiana couples often stipulate that each party’s present and future earnings and assets will remain their separate property, and that no community estate will exist – effectively adopting a separate property regime. They can also agree on how particular assets will be classified (e.g.
Simple process
For a Louisiana prenup, formality is king. Plan to meet with a notary and two witnesses at the time of signing – typically, the lawyers involved can serve as witnesses, or other staff. Many Louisiana attorneys draft prenups as notarial acts where the notary is actually a lawyer who prepares a formal declaration at the end (the “authentic act” affidavit) that the parties signed in front of him/her and two witnesses.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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