Your wedding day requires a ton of planning. The dress, the tux, the guest list, and the location. In the weeks leading up to your big day, just about everything is perfect, but there is a nagging thought in the back of your mind. Should your prenup be for the state where you live, even if you get married in another state? Choice of law provisions in your prenuptial agreement will answer that question. To learn more, continue reading.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal document that reflects the decisions of a couple about financial and property rights in the event of divorce. A prenuptial agreement keeps the court system out of the divorce as much as possible. HelloPrenup can help you draft a prenuptial agreement that you and your fiance are proud of!

Do I Need a Prenuptial Agreement?

Most people could benefit from a prenuptial agreement. A prenuptial agreement helps protect your financial interests and property rights during marriage, and in the event of a divorce. It may also limit your liability for paying marital debt if you are to divorce in the future. In most states, everything can be agreed to in a prenuptial agreement except for child support and child custody. Having a prenuptial agreement helps avoid all unnecessary contact with the court system. Having an enforceable prenuptial agreement can help relieve the stress of an emotionally charged situation.

Can I Draft My Own Prenuptial Agreement?

Yes, you can draft your own prenuptial agreement. HelloPrenup can help you draft a state-specific prenuptial agreement. Ready to get started? 

What Happens If I Draft My Prenup in One State and Get Married in Another State?

Do not fret. Your prenup remains valid even if you draft the agreement in one state and get married in another state. A prenuptial agreement is a contractual agreement. Like other contracts, there is usually a choice of law provision that says which state’s law applies when enforcing the agreement. To learn more about choice of law, keep reading.

What Is Choice of Law?

Choice of law allows you to choose which state’s laws will govern enforcement of your prenuptial agreement. For example –  When you and your spouse draft your prenuptial agreement under Nevada law because that is where you live at the time, but then move to New York in the future and divorce, the choice of law provision in your prenup will determine which state’s law enforces your agreement.

Why Include a Choice of Law Provision?

A choice of law provision is included in a prenuptial agreement, because couples could move to a different state easily, and upon divorce would still need their prenuptial agreement to be enforced under state law. 

What Goes into a Choice of Law Provision in a Prenup?

A valid choice of law provision will include a statement about which state’s law will govern enforcement of the contract.

One court may have jurisdiction over the dispute. If a court has jurisdiction, all parties must appear there to resolve the dispute, even though the dispute is being actually enforced by a different state’s laws.

A statement of governing law is a provision that states which state’s law will be used to enforce the prenuptial agreement. For example, you and your spouse may live in New Jersey, so New Jersey has jurisdiction to hear the matter, but your agreement is governed by South Carolina law. 

How Can I Ensure that My Agreement Complies with Different State Standards?

HelloPrenup has made it easy for you to learn more about different state standards for prenups. Visit our state pages to read more about laws regarding prenups in each state, with links to the state source. You can find more information here.  

HelloPrenup is helping couples advocate for themselves and create their own prenuptial agreements. Our state specific platform helps you and your fiancé draft a prenuptial agreement from the comfort of your couch. Our mission is to ensure that every person thinking of entering a marriage does so with the best financial peace of mind possible! 

Julia Rodgers

Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here  Questions? Reach out to Julia directly at [email protected]