Prenuptial Agreement in
Louisiana
Louisiana operates under a civil law tradition inherited from its French and Spanish heritage, and its marital property system is distinct from every other state in the country. What other states call a prenuptial agreement, Louisiana calls a "matrimonial agreement," and it is governed by the Louisiana Civil Code rather than the UPAA or UPMAA. Louisiana is a community property state, and without a matrimonial agreement, spouses are automatically subject to the legal regime of community property; a matrimonial agreement can establish a regime of separation of property or modify the community regime for specific assets.
Property division
How Louisiana handles marital property
Louisiana is a community property state. Property acquired during the marriage is generally owned equally by both spouses under Louisiana's civil law tradition.
Legal framework
State-specific (Civil Law) in Louisiana
Louisiana follows its own civil law framework for prenuptial agreements (called "matrimonial agreements"). These must be made by authentic act (notarized) or by act under private signature duly acknowledged. They must be executed before the marriage.
Louisiana is the only U.S. state that follows a civil law system (based on French law) rather than common law. Prenuptial agreements here are called "matrimonial agreements" and have unique requirements. Consulting a Louisiana attorney is particularly important.
Requirements
What makes a prenup valid in Louisiana
Understanding these requirements helps ensure your agreement will hold up when it matters most.
Notarization
Notarization is required. Louisiana law requires the agreement to be made by authentic act (before a notary and two witnesses) or by acknowledged private signature.
Witnesses
Two witnesses are required when the agreement is executed as an authentic act.
Timing
The agreement must be executed before the marriage ceremony. It cannot be modified during the marriage without court approval in certain circumstances.
Spousal Support
Spousal support waivers may be enforceable, but Louisiana courts retain significant discretion over support matters. Consult a local attorney for current guidance.
Coverage
What your Louisiana prenup can address
A prenuptial agreement in Louisiana can cover a wide range of financial and property matters.
Best practices
Tips for a strong prenup in Louisiana
Following these best practices helps ensure your agreement is clear, fair, and enforceable.
Louisiana's matrimonial agreement must be executed before a notary and two witnesses — this is a mandatory formality under the Civil Code, not just a best practice.
If you want to opt out of community property entirely, your agreement must affirmatively establish a regime of separation of property; simply not having a community agreement is not sufficient to avoid community property rules for property acquired after marriage.
Because Louisiana uses the Civil Code rather than common law, work with an attorney who is specifically licensed and experienced in Louisiana civil law marital property.
After marriage, you can modify a matrimonial agreement with court approval — plan your agreement carefully, but know that adjustments are possible if circumstances change significantly.
Revenue produced by separate property (such as rent from a pre-marital rental property) becomes community property under the default regime — address this explicitly if you want rental income to remain separate.
FAQ
Common questions about prenups in Louisiana
Why does Louisiana use "matrimonial agreement" instead of "prenuptial agreement"?
Louisiana follows the civil law tradition and its family law is codified in the Louisiana Civil Code, which uses the term "matrimonial agreement" for what other states call a prenup. The agreement must be executed before a notary and two witnesses to be valid.
What is the default marital property regime in Louisiana without an agreement?
Without a matrimonial agreement, Louisiana spouses are automatically subject to the legal regime of community of acquests and gains, meaning most property and income acquired during the marriage belongs equally to both spouses.
Can a Louisiana matrimonial agreement establish separate property?
Yes. A matrimonial agreement can establish a regime of separation of property, under which each spouse retains individual ownership of property they acquire during the marriage rather than it becoming community property.
Can spouses modify a Louisiana matrimonial agreement after marriage?
Yes, but post-marriage modifications require court approval under Louisiana Civil Code Article 2329. Both spouses must petition the court and demonstrate that the modification serves their mutual interest.
Does Louisiana require a notary for a matrimonial agreement?
Yes. Under Louisiana Civil Code Article 2331, a matrimonial agreement must be made by authentic act, which requires execution before a notary public and two witnesses. An agreement that does not meet these formalities is not valid in Louisiana.