Louisiana Prenup Laws: What You Need to Know in 2026

How Louisiana classifies marital property

Louisiana is a community property state governed by its Civil Code, making it one of the most distinctive prenup jurisdictions in the country. All property acquired during marriage is presumed to be community property unless clearly established as separate. Louisiana also prohibits complete waivers of spousal support, which affects what your prenup can achieve. Prenups (matrimonial agreements) must be executed as an authentic act — signed before a notary and two witnesses — and if immovable property (real estate) is involved, the agreement must be filed in the conveyance records of the relevant parish.

Understanding Louisiana's community property system is critical because a prenup is essentially your opportunity to override these default rules. Without one, everything earned during the marriage is split equally — regardless of who earned it.

The legal framework: La. Civ. Code art. 2328 et seq.

Prenuptial agreements in Louisiana are governed by La. Civ. Code art. 2328 et seq.. While Louisiana has not adopted the Uniform Premarital Agreement Act (UPAA), the state's statutes provide clear requirements for valid prenuptial agreements.

Signing requirements in Louisiana

Louisiana has specific requirements that must be met for a prenuptial agreement to be valid. Missing any of these can give a court grounds to throw out the entire agreement.

• **Written agreement** — Must be in writing — verbal prenups are not valid
• **Signed by both parties** — Both parties must sign voluntarily before the wedding
• **Notarization required** — Both parties must sign before a notary public — as an ‘authentic act’ with notary and 2 witnesses
• **2 witnesses required** — Both parties must sign in front of 2 independent witnesses who are not party to the agreement
• **Independent legal counsel recommended** — Each party should have their own attorney review the agreement
• **Full financial disclosure** — Both parties must disclose all assets, debts, and income — incomplete disclosure is the #1 reason prenups are invalidated
• **File with parish conveyance records** — If the prenup affects immovable property (real estate), it must be filed in the parish conveyance records
• **State-specific requirement** — Must be filed in conveyance records of parish where immovable property is located
• **State-specific requirement** — Cannot modify legal obligation of support

Spousal support limitations in Louisiana

Louisiana is one of the few states that restricts spousal support waivers in prenuptial agreements. Louisiana prohibits waiver of the legal obligation of support between spouses (La. Civ. Code art. 2329). Interim spousal support (pendente lite) generally cannot be waived. Final periodic support terms may be addressed but subject to court review. This doesn't mean you can't address support in your prenup — it means the agreement must work within the boundaries Louisiana law allows. Clause automatically flags these limitations during the spousal support section of the Agreement Builder.

Sunset clauses and special provisions

Louisiana courts will enforce sunset clauses — provisions that cause the prenup to expire after a set number of years. If you want the agreement to remain in effect indefinitely, make sure to exclude a sunset clause or explicitly state that the agreement has no expiration.

Build your Louisiana prenup on Clause

Clause generates a legally valid, Louisiana-specific prenuptial agreement starting at $549 — a fraction of the $5,000–$20,000 that traditional attorney-drafted prenups cost in Louisiana. The Agreement Builder automatically handles Louisiana's signing requirements, notarization rules, witness requirements, and financial disclosure obligations. Attorney review and online notarization are available as add-ons.

Clause is not a law firm and this article is not legal advice. For guidance specific to your situation, consult a licensed family law attorney in Louisiana.