Like many other states, Louisiana has adopted the the Uniform Prenuptial Agreement Act (UPAA) for determining if a prenup is enforceable. A court will look at a series of rules to make sure the agreement is enforceable or determine if a spouse violated it.
Prenuptial agreements in Louisiana aren’t enforceable when one spouse shows:
- The agreement was unconscionable or unfair when it was signed because the spouse didn’t receive a reasonable, fair disclosure of the other spouse’s finances, didn’t waive this right in writing, and didn’t have reason to know about the other spouse’s finances, OR
- The agreement was not signed voluntarily due to coercion, duress, or fraud.
The court can void all or part of a prenup if they contain the following provisions:
- Unfair terms for one spouse that are one-sided, deceitful, or unjust
- Custody, support, or visitation of children
- Non-financial agreements such as stipulations for chores or personal appearance
- Illegal or unethical terms
A prenup is enforceable when it only deals with financial matters, not personal. Still, it can’t be used to address child support, and it can’t be used to limit a spouse’s right to alimony or spousal support during the divorce. Alimony is used by a judge in some cases to correct one spouse’s unfair financial disadvantage, such as a stay-at-home parent who will not have an income or work history. These clauses can be thrown out if a prenup tries to address child support or waive a spouse’s right to support.