Prenuptial Agreements in Louisiana

A prenuptial agreement is legally known as a “matrimonial agreement” in Louisiana, or a “prenup” in layman’s terms.  A prenup is a contract that establishes a separation of property regime, or that modifies or terminates the Louisiana legal regime.  In essence, if spouses do not want to be subject to certain Louisiana laws regarding marriage, divorce and property, a prenup allows the parties to generally create their own rules regarding these matters.

However, there are still some limits to a prenup.  The parties cannot contract any provision that is prohibited by Louisiana public policy.  Furthermore, if during their marriage the parties wish to contract a prenup that modifies or terminates the Louisiana legal regime, Court approval is required.  The Court must ascertain whether the prenup serves the parties' best interests, and whether they fully understand the governing principles and rules.

Intended spouses may contract a prenup before marriage without requiring court approval.  Also, parties who are already married, and who move into Louisiana from another state, may contract a prenup without court approval within one year of first moving into and acquiring domicile within the State of Louisiana.

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