Nowadays, you can do everything online. From finding your true love on a dating app to getting a prenup to actually tying the knot. We live in a digital world, and it’s time to get on board with the new wave of technology. Now, let’s talk about getting married online and getting a prenup. Prenups are so important to marital harmony and financial security, so if you’re getting married online, it’s crucial to make sure you don’t skip this important step. But what do you need to know? Let’s discuss.
What state should you choose?
When you get married online, it’s facilitated through Utah’s legal framework for virtual wedding ceremonies. This means that, from a legal standpoint, your marriage is considered to have taken place in Utah, regardless of your physical location. However, this does not necessarily mean that you should choose Utah as your state for your prenuptial agreement. Every prenup should have a “choice of law” clause, which declares which state law controls the prenup in a divorce. Some people may mistakenly believe that they should choose Utah just because that’s where they’re technically getting married. However, that is not the case. Let’s use an example to demonstrate.
Example: John and Kate are getting married. Kate is from the UK, and John is from Detroit, Michigan, USA. John and Kate want to get married online to expedite their visa process to help Kate get to the USA faster. John may think he should choose Utah because that’s where they’re *technically* getting married, but that’s not the case. John should likely choose Michigan as his state, as long as that’s where John and Kate plan to reside as a married couple.
Notarization and signatures
Prenups require notarization and signatures. This brings up the question of getting the prenup signed and notarized while you and your future spouse are not in the same physical location. (If you’re getting married online, it’s very likely that you and your future spouse are not physically located in the same place at the moment). Maybe your future spouse is across the globe or simply in another town in your state. Either way, it’s okay, you can still sign and notarize the prenup while in different places. With the magic of online virtual tools, like HelloPrenup’s partner, Proof, you can also get your prenup signed and notarized while in different locations.
International recognition of your prenup
If you are getting married in the US through online marriage and also getting a prenup, you should make sure to consider what would happen to your prenup if you end up moving abroad. Depending on your country, whether or not your prenup will hold up in a court overseas will vary. It’s crucial to reach out to an attorney in the country you may be moving to to understand what laws and requirements are applicable to prenups there. For example, let’s say you are marrying a resident of Spain, but you two plan on living in the US together (for now). If there is a chance you’ll move to Spain one day, you may want to consult with a Spanish attorney to ask them if your prenup would be enforceable there and, if not, how to make it enforceable.
How to get married online legally
Online weddings provide a modern and convenient path to marriage, but it’s essential to first confirm your eligibility based on factors like age and location. Once you’re cleared to proceed, gather the necessary documents, such as your passport and/or birth certificate, to complete the online marriage license application, a process often streamlined by user-friendly platforms like Distant Weddings. With the legalities done and dusted, you can choose to invite loved ones from around the world to witness your virtual exchange of vows and rings (virtually, of course). Following the ceremony, you’ll receive a marriage certificate issued by Utah state that follows the requisite virtual wedding laws.
The bottom line on prenups and getting married online
As we said earlier, you can do everything online these days–find your soulmate, get a prenup, notarization, marital counseling, get married, and much more. If you’re getting married online and getting a prenup, the things you should consider are which state to choose, how you’ll do notarization if you’re in two different locations and the international impacts of your prenup. Nothing too difficult, in our opinion! Cheers to technology and bringing people together.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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