Louisiana
Louisiana Prenuptial Agreement Laws: Matrimonial Agreements (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 8 primary sources cited on this page. How we verify our legal content
In Louisiana, a prenup is called a matrimonial agreement, and it is governed by the Civil Code, articles 2328 to 2333. Spouses may make one before or during the marriage "as to all matters that are not prohibited by public policy" (La. C.C. art. 2329), and it must be made by authentic act or by an act under private signature duly acknowledged by the spouses (art. 2331).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers matrimonial agreements under Louisiana Civil Code articles 2327 to 2333 (including the registry rule for third persons in article 2332), with a note on covenant marriage under La. R.S. 9:272. It does not cover Louisiana case law on matrimonial agreements, tax or estate planning, divorce procedure, or the law of any other state.
What Louisiana Calls a Prenup
Louisiana's Civil Code uses the term matrimonial agreement, and the same articles cover agreements signed before and during marriage. Article 2328 defines it:
"A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime." La. C.C. art. 2328
The "legal regime" is the default property system that applies to married couples. Article 2327 identifies it:
"The legal regime is the community of acquets and gains established in Chapter 2 of this Title." La. C.C. art. 2327
Under article 2328, a matrimonial agreement chooses separation of property or changes or ends the community regime that would otherwise apply. Article 2329, below, lets it reach other matters too, as long as public policy does not prohibit them.
The Civil Code text cited here contains no Uniform Premarital Agreement Act or Uniform Premarital and Marital Agreements Act. Louisiana's rules come from its own Civil Code articles.
Formal Requirements
Article 2331 sets the form:
"It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses." La. C.C. art. 2331
Article 2331 names these two forms. A lawyer licensed in Louisiana can explain what each form involves and which fits a particular agreement.
Under article 2332, a matrimonial agreement is effective toward third persons when filed for registry: as to immovable property, in the conveyance records of the parish where the property is located, and as to movables, in the parish or parishes where the spouses are domiciled.
Minors face added limits under article 2333:
- "A minor under the age of sixteen may not enter into a matrimonial agreement."
- A minor who is 16 or 17 needs judicial authorization and the written concurrence of both parents, the parent with legal custody, or the tutor.
What a Matrimonial Agreement Can Cover
Article 2329 sets a broad scope:
"Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy." La. C.C. art. 2329
Articles 2328 to 2333 do not themselves set a disclosure test, an unconscionability test, an independent-counsel requirement or a waiting period of the kind found in the uniform premarital acts. That is a statement about these articles only. This page does not cover Louisiana case law on matrimonial agreements, including how courts treat claims of fraud or duress, and does not describe those standards.
What a Matrimonial Agreement Cannot Do
Article 2330 sets limits that apply before and during marriage:
"Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession." La. C.C. art. 2330
The same article also bars an agreement that limits, as to third persons, a spouse's rights to manage community property.
None of the articles cited here addresses child support or custody terms in a matrimonial agreement. This page does not state a rule on them; a Louisiana lawyer can explain how courts treat such terms.
Changing or Ending the Agreement During Marriage
Louisiana treats changes during marriage differently from agreements signed before the wedding. Under article 2329:
- Court approval generally required: to modify or terminate a matrimonial regime during marriage, the spouses file a joint petition, and the court must find that the change serves their best interests and that they understand it.
- Returning to the legal regime: spouses may subject themselves to the legal regime (the community of acquets and gains) at any time without court approval.
- New Louisiana residents: court approval is not required during the first year after the spouses move to and establish domicile in Louisiana.
Postnuptial Agreements in Louisiana
Louisiana does not need a separate postnup statute, because article 2329 lets spouses enter a matrimonial agreement "before or during marriage." The difference is procedure: an agreement during marriage that modifies or terminates the regime generally needs the joint petition and court finding described above, subject to the same exceptions.
Matrimonial Agreements and Covenant Marriage
A covenant marriage is a different thing from a matrimonial agreement. It is a form of marriage under La. R.S. 9:272 to 9:276, and under R.S. 9:272(C), "A covenant marriage agreement may not be dissolved, rescinded, or otherwise terminated by the mutual consent of the spouses."
Community Property Without an Agreement
If spouses sign no matrimonial agreement, the community of acquets and gains applies (art. 2327). For how community property is divided at divorce, see Louisiana divorce laws. For spousal support, see Louisiana alimony laws.
A lawyer licensed in Louisiana can draft or review matrimonial agreements. This page explains the law only and does not offer sample terms.
Disclaimer: This article provides general legal information about matrimonial agreements under Louisiana Civil Code articles 2327 to 2333, verified against the Louisiana State Legislature's published laws on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Louisiana or the Law Library of Louisiana's research guides.
Related
Last updated: 2026-10-08.
Frequently Asked Questions
Are prenups legal in Louisiana?
Yes. Louisiana calls them matrimonial agreements, and La. C.C. art. 2329 lets spouses make one before or during marriage on all matters not prohibited by public policy.
Does a prenup have to be notarized in Louisiana?
La. C.C. art. 2331 requires either an authentic act or an act under private signature duly acknowledged by the spouses. A Louisiana lawyer can explain what each form requires.
Can you sign a prenup after marriage in Louisiana?
Yes, art. 2329 allows agreements during marriage, but modifying or terminating the regime generally needs a joint petition and court approval, except when returning to the legal regime or in the first year after moving to Louisiana.
Is Louisiana a community property state?
Yes. The legal regime is the community of acquets and gains (La. C.C. art. 2327), which a matrimonial agreement can replace or modify (art. 2328).
Can a Louisiana prenup change inheritance rights?
La. C.C. art. 2330 says spouses may not by agreement renounce or alter the marital portion or the established order of succession.
Can a 17 year old sign a prenup in Louisiana?
Only with judicial authorization and the written concurrence of both parents, the parent with legal custody, or the tutor. A minor under 16 may not enter a matrimonial agreement (La. C.C. art. 2333).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Civil Code
§ 2329Exclusion or modification of matrimonial regimeIn force
Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy. Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval. During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 2328Contractual regime; matrimonial agreementIn force
A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 2331Form of matrimonial agreementIn force
A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 2330Limits of contractual freedomIn force
Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
§ 2333MinorsIn force
A minor under the age of sixteen may not enter into a matrimonial agreement. A minor sixteen or seventeen years of age may not enter into a matrimonial agreement without judicial authorization and the written concurrence of his father and mother, or of the parent having his legal custody, or of the tutor of his person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
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Sources and References
- La. Civil Code art. 2328: Matrimonial agreement defined(legis.la.gov).gov
- La. Civil Code art. 2329: Matrimonial agreements before or during marriage; court approval(legis.la.gov).gov
- La. Civil Code art. 2331: Form of matrimonial agreements(legis.la.gov).gov
- La. Civil Code art. 2332: Effect toward third persons (filing for registry)(legis.la.gov).gov
- La. Civil Code art. 2327: Legal regime of community of acquets and gains(legis.la.gov).gov
- La. Civil Code art. 2333: Matrimonial agreements by minors(legis.la.gov).gov
- La. Civil Code art. 2330: Limits on matrimonial agreements(legis.la.gov).gov
- La. R.S. 9:272: Covenant marriage(legis.la.gov).gov