Are postnuptial agreements enforceable in Louisiana?

Yes, Louisiana specifically allows matrimonial agreements between spouses under Civil Code Articles 2328-2332. These agreements can modify or terminate the community property (matrimonial) regime.

What is a matrimonial agreement in Louisiana?

A matrimonial agreement is Louisiana's term for agreements between spouses that modify their property regime. It can convert from community property to separate property, or modify specific community property rules.

Does Louisiana require notarization for a postnup?

Yes, Louisiana requires matrimonial agreements to be made by authentic act — meaning they must be executed before a notary public and two witnesses. This is a mandatory formal requirement.

Does the postnup need to be filed in Louisiana?

The agreement may need to be filed with the clerk of court in the parish where the spouses are domiciled, particularly if it is to be effective against third parties.

Can a postnup change Louisiana's community property regime?

Yes, spouses can convert from community property to separate property, or modify specific aspects of the community regime through a matrimonial agreement.

What makes a Louisiana postnup invalid?

Failure to comply with authentic act requirements, violations of public policy, fraud, or duress.

How is Louisiana's postnup law different from other states?

Louisiana's civil law tradition creates unique requirements including the authentic act formality, specific Civil Code provisions, and the concept of modifying the matrimonial regime.

Can a Louisiana postnup protect oil and gas interests?

Yes, a matrimonial agreement can designate mineral rights, oil and gas interests, and related royalties as one spouse's separate property.

Louisiana Postnuptial Agreement - Free Template (2026)

Louisiana Postnuptial Agreement Overview

Louisiana is a community property state with a unique civil law tradition that distinguishes it from all other states. Louisiana recognizes postnuptial agreements under Civil Code Articles 2328-2332, which specifically allow married spouses to modify or terminate their matrimonial regime (property system) through a written agreement.

Under Louisiana's community property system, the matrimonial regime governs property rights between spouses. Louisiana Civil Code Article 2329 allows spouses to change from the community property regime to a separate property regime, or to modify specific aspects of the community property system, through a matrimonial agreement signed during marriage.

Louisiana's civil law tradition imposes specific formal requirements on matrimonial agreements, including notarization. The agreement must be made by authentic act (notarized before a notary and two witnesses) and may need to be filed with the clerk of court in the parish where the spouses are domiciled. Louisiana's unique legal framework requires familiarity with civil law concepts.

Yes

Postnup recognized

Recommended

Independent counsel

Required

Notarization required

Yes

Full disclosure required

Louisiana Postnuptial Agreement Legal Requirements

Louisiana postnuptial agreements (matrimonial agreements) must comply with Civil Code Articles 2328-2332, including the authentic act requirement (notarization and witnesses).

Important: Louisiana Execution Requirements

Louisiana requires postnuptial agreements (matrimonial agreements) to be made by authentic act — meaning they must be notarized before a notary public and two witnesses. The agreement may need to be filed with the clerk of court. Louisiana's civil law tradition creates unique requirements not found in other states. Consult a Louisiana attorney familiar with matrimonial regime law.

Formal Requirements

Written Agreement: Louisiana requires the postnuptial agreement to be in writing — oral agreements between spouses are not enforceable
Both Spouses Must Sign: The agreement must be signed by both spouses to be valid under Louisiana law
Voluntary Execution: Both spouses must sign voluntarily without duress, coercion, or undue influence
Full Financial Disclosure: Both spouses must provide complete and accurate disclosure of all assets, debts, income, and financial obligations
Not Unconscionable: The agreement must not be so one-sided as to be unconscionable under Louisiana law

What Can Be Addressed

Rights and obligations in property owned by either or both spouses
Disposition of property upon separation, divorce, or death
Spousal support (alimony) terms, modifications, or waivers
Life insurance, estate planning, and inheritance provisions
Debt allocation and responsibility for financial obligations
Any other matter not in violation of Louisiana public policy or criminal law

Louisiana Postnup Enforceability Rules

Louisiana courts enforce postnuptial agreements (matrimonial agreements) that comply with the Civil Code requirements. The agreement must be by authentic act, voluntary, and not contrary to public policy. Courts examine whether both spouses understood the implications of modifying their matrimonial regime.

Spousal Support Waiver

Permitted within the matrimonial agreement framework — Louisiana courts enforce spousal support provisions subject to Civil Code requirements

Consideration Requirement

Louisiana does not require separate consideration — the modification of the matrimonial regime itself constitutes the agreement's purpose

Unconscionability Standard

Evaluated under Louisiana civil law standards — agreements contrary to public policy or that produce grossly unfair results may be set aside

Louisiana Postnuptial Agreement Costs

The cost of creating a postnuptial agreement in Louisiana depends on the complexity of your financial situation and whether you hire attorneys. Here is a breakdown of typical costs:

Fee / Cost	Amount
Attorney Fees (per spouse)	$2,000 - $7,000
Notarization Fee	$5 - $15
Court Filing Fee	N/A (not filed with court)
Online Template Service	$0 - $500
Financial Advisor Consultation	$200 - $500 per hour
Business Valuation (if needed)	$3,000 - $15,000+

Sample Louisiana Postnuptial Agreement

Below is a preview of our Louisiana-specific postnuptial agreement template. Your customized document will include all provisions required for enforceability under Louisiana law.

STATE OF LOUISIANA

POSTNUPTIAL AGREEMENT

Marital Agreement Under Louisiana Law

SPOUSE 1:

Name: [Full Legal Name]
Address: [Louisiana Address]
Attorney: [Attorney Name]

SPOUSE 2:

Name: [Full Legal Name]
Address: [Louisiana Address]
Attorney: [Attorney Name]

AGREEMENT TERMS

Date of Marriage: [Date]
Separate Property Schedules: [Attached as Exhibits A & B]
Spousal Support Terms: [As Defined in Article III]
Governing Law: State of Louisiana

Louisiana Postnuptial Agreement FAQ

Answers to common questions about postnuptial agreements in Louisiana, including enforceability, legal requirements, and state-specific rules.

Official Louisiana Resources

Use these official resources for additional information about Louisiana family law, postnuptial agreement requirements, and finding a qualified attorney.

Louisiana State Bar Association

Find a family law attorney and legal resources

Louisiana Civil Code — Matrimonial Regimes

Official civil code governing matrimonial property

American Academy of Matrimonial Lawyers

Find a certified family law specialist in Louisiana

ABA Section of Family Law

American Bar Association family law resources

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