Will My Prenup be Valid in Another State?

“Doesn’t anybody stay in one place anymore?” Did you sing the Carole King song too?

It is true most people are staying in one place. Whether it is a relocation for work, family, school, or just a change of scenery moving across state lines is a common occurrence.

Since this is so common people often want to know if their prenup will be valid if they move.

US PreNup Law

While all 50 states recognize a prenup not all 50 states agree on what a prenup should look like. Each state has its own laws regarding prenuptial agreements. While some states will recognize your prenup under valid contract law others will want to make sure the agreement follows their law and does not violate public policy.

There are a few things that most states agree on when it comes to a prenuptial agreement:

  1. Must be notarized
  2. Must be in writing
  3. Must be done before the wedding
  4. Must be fair
  5. Must be entered into voluntarily
  6. Must not decide custody of children
  7. Must have full disclosure
  8. Must have lawyers for each party

So is it valid in another state?

There is no guarantee that your prenup will be valid in another state. While there are precautions you can take to give your prenup a strong chance of being valid in another state, it is ultimately up to the court to decide if they should follow their state law or the state law of the state of your prenup.

Make sure if you are going to get a prenup you talk an attorney who is experienced in these types of agreements.

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