Is My Prenup Agreement Valid If I Move?
In our mobile society, it is more important than ever to be aware of the changes that can occur in your life if you were to move to another state or even another country. Automobile registration policies will likely be different, taxes will be different, and if you have a prenup, certain provisions may be less enforceable. Is your prenup agreement valid if you move?
Like so many things in life, it depends.
Generally speaking, a contract is a contract. It is between two parties, and your location may not have an impact. On the other hand, it could, depending on your new location’s laws.
Let’s look a little bit closer.
If a divorce is filed in a state where laws may differ from the state your prenup was prepared, the regulations of the new state would have precedence. This can happen more frequently than you think. The problem is that these differences may not come to light until a prenuptial agreement is contested. By then, of course, it will be too late to do much about it.
There are several steps you can take to protect yourself.
The first and perhaps easiest step to take is to have your prenup agreement prepared using a Governing Laws Solution. This declares the specific state laws that the prenup is being prepared under. Those laws would follow the agreement. In other words, if your prenup states that it is being prepared under the governing laws of Florida, the Florida laws will still apply no matter where the divorce is filed.
You can also be proactive in adjusting a prenup in advance of an anticipated move. Any changes, of course, would have to be mutually agreed upon by both parties.
So, in review, your prenup will be portable, but its provisions may be impacted by the laws of your new location.
This is just one of many reasons your choice of an attorney with experience in the preparation and execution of prenuptial or postnuptial agreements is so critical. There are many nuances to a legally binding prenuptial agreement that may be overlooked by a less experienced attorney or a cookie-cutter contract.
With couples spending so much money on getting married today, it just makes sense to invest in a mutually agreeable prenuptial agreement. It is not about trust or even love. It is about being sensible and practical. It is also about getting it done right, so there are no surprises. If you have questions about a prenup agreement and what is or isn’t possible or appropriate, we can help. Reach out to us today.
If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].
We now offer virtual prenuptial agreements. Contact us to inquire further about our virtual prenup option.