Are prenuptial agreements enforceable in Louisiana?
Louisiana is unique: its civil-law tradition governs marital property through matrimonial agreements rather than the common-law UPAA.
1. Governing Statute
La. Civ. Code arts. 2325–2335 govern matrimonial regimes and agreements. Default rule is community property (art. 2336). Spouses may opt out by matrimonial agreement.
2. Formality Requirements
A matrimonial agreement must be made by authentic act (notarized in the presence of two witnesses) or by act under private signature duly acknowledged (La. Civ. Code art. 2331). Failure to satisfy this form renders the agreement absolutely null.
3. Voluntariness
Louisiana Civil Code articles on consent (arts. 1948–1965) apply: error, fraud, and duress vitiate consent. Authentic-act formalities provide additional procedural protection — the notary reads and explains the act before signing.
4. Disclosure
Louisiana does not statutorily require asset-by-asset disclosure, but fraud or error as to a material fact (including the proponent's wealth) can be grounds to rescind the agreement under arts. 1948–1958.
5. Court Approval for Mid-Marriage Changes
Post-marriage matrimonial agreements require court approval under La. Civ. Code art. 2329, except during the first year of marriage of a Louisiana-domiciled spouse, where parties may opt out without court approval. The court must find the agreement serves the parties' best interests and they understand its provisions.
6. What Cannot Be Waived
Child support and custody cannot be predetermined. Spousal-support claims are governed by La. Civ. Code arts. 111–117; while final periodic support may be limited, the claim for interim spousal support during proceedings cannot be entirely waived in a manner contrary to public order (art. 7).
7. Key Louisiana Case Law
Muller v. Muller, 72 So. 3d 364 (La. App. 2011) (authentic-act formality); Rush v. Rush, 12 So. 3d 1075 (La. App. 2009); Stein v. Stein, 25,201 (La. App. 2 Cir. 1993).
This is legal information, not legal advice.
- Matrimonial agreement not executed by authentic act or properly acknowledged
- Post-marriage modification beyond first-year window lacks court approval
- Interim spousal support waiver challenged as contrary to public order
- La. Civ. Code art. 2325
- La. Civ. Code art. 2329
- La. Civ. Code art. 2331
- La. Civ. Code arts. 1948-1958
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.