Everything engaged couples need to know about making a matrimonial agreement valid and enforceable in Louisiana — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Louisiana as matrimonial agreements under Louisiana Civil Code articles 2325–2337.
Louisiana is the only civil-law state in the country, and its prenup rules look nothing like the Uniform Premarital Agreement Act. Couples contract around the default "legal regime" — the community of acquets and gains, Louisiana's community-property system — through a matrimonial agreement under Civil Code articles 2325–2337. Signed before the wedding, the agreement requires no court approval and takes effect at marriage; couples may opt out of the community regime entirely, modify it, or choose full separation of property. The catch is form: article 2331 demands an authentic act (before a notary and two witnesses) or an act under private signature duly acknowledged, and Louisiana courts enforce that formality to the letter.
A Louisiana matrimonial agreement is enforceable when it is executed with article 2331's required formality — an authentic act before a notary and two witnesses, or a duly acknowledged private act — and signed freely before the marriage.
Article 2331 requires the agreement to be executed as an authentic act — signed before a notary public and two witnesses — or as an act under private signature duly acknowledged by the spouses. An ordinary signed contract is not enough.
In Acurio v. Acurio (La. 2017), the Louisiana Supreme Court voided a prenup executed before a notary with only one witness — even though both parties clearly intended to be bound. Get the execution exactly right.
Before the wedding, couples are free to contract with no court involvement. After the wedding, modifying the matrimonial regime generally requires a joint petition and court approval under article 2329 — so the easy window is before you marry.
As a contract, the agreement must be free of fraud, duress, and error, and a minor needs the consent article 2337 requires. Full financial candor, while not a UPAA-style statutory element, makes consent unassailable.
| Governing statute | Matrimonial agreements — La. Civil Code arts. 2325–2337 |
|---|---|
| Property division | Community property |
| Notarization | Required — authentic act before a notary and two witnesses, or act under private signature duly acknowledged |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Final periodic support can be waived (McAlpine); interim support cannot |
See how Louisiana's signing formalities compare in our prenup notarization requirements by state guide. Louisiana is also one of the nine community-property states — community property vs. equitable distribution explains what that default means for your agreement.
Louisiana courts most often invalidate matrimonial agreements for defective form — a missing witness or improper acknowledgment — rather than for unfair terms.
Because Louisiana treats a matrimonial agreement as a solemn civil-law contract, form is the battleground. Acurio v. Acurio shows the Supreme Court will void an agreement over a single missing witness, and courts likewise reject documents that were never properly acknowledged. Substantive attacks — fraud, duress, error — follow ordinary contract law, and McAlpine v. McAlpine, 679 So.2d 85 (La. 1996), confirms that waiving final periodic support does not violate public policy. Execute it correctly, before the wedding, and a Louisiana agreement is among the most durable anywhere.
Trusted Prenup creates a state-specific Louisiana prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
Attorney-drafted matrimonial agreements in Louisiana often cost $1,500–$6,000 or more given the civil-law formalities. Trusted Prenup creates a Louisiana-specific agreement online for a flat $599, and proper formal execution matters here more than in any other state.
Yes — and more than notarized. Civil Code article 2331 requires an authentic act signed before a notary and two witnesses, or an act under private signature that both parties duly acknowledge. A plain signed document without this formality is unenforceable.
Yes, most successfully on form: a missing witness or defective acknowledgment can void the whole agreement, as in Acurio v. Acurio. Beyond form, challenges follow ordinary contract law — fraud, duress, error, or lack of capacity.
It's Louisiana's default community-property system: property acquired during the marriage through either spouse's effort, and the fruits of community property, belong to both spouses equally. A matrimonial agreement is how couples modify that regime or opt out of it entirely before the wedding.
Partially. Under McAlpine v. McAlpine, waiving final periodic spousal support is enforceable and doesn't violate public policy — but a waiver of interim spousal support (support during the divorce proceeding itself) is void.
Only with court approval. Article 2329 requires spouses who want to modify their matrimonial regime during marriage to file a joint petition and show the change serves their best interests — with a limited exception during the first year after moving to Louisiana. Signing before the wedding avoids all of that.
Yes — Louisiana enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Louisiana's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Louisiana law and not a substitute for advice from a licensed attorney about your situation.