A common question that gets asked is what happens to a prenup when you relocate. Will the prenup still be valid in the new state or country you relocate to? It’s a valid question for several reasons.
The answer to the question is the typical attorney answer: it depends.
Generally speaking, a prenup is a contract and once properly executed, it becomes a binding contract that will be upheld. The main reasons why a prenup would not hold up in court, is if the prenup was entered into illegally or if there’s a provision in there that is illegal or goes against the state’s public policy.
Now, the only time you would want to know what happens to a prenup when you relocate is when the prenup gets challenged, for whatever reason. If that’s the case, then it’s imperative that your prenup has a “Governing Law Provision.”
Simply put, a Governing Law Provision expresses which state’s or country’s laws should be applied to and govern the prenuptial agreement. This is especially important, so there are no surprises, based on differing state and country laws, should the prenup be challenged.
If there’s a Governing Law Provision, then it doesn’t matter where you relocate to, whatever state’s or country’s law was chosen to govern the prenup, those state’s or country’s laws will apply.
If there is no Governing Law Provision, then the state or country’s law that will be applied is the state or country in which the divorce is taking place. Each state and country has their own rules, which means the challenging and validity of a prenuptial agreement could and would vary state to state.
An experienced attorney will take this into account when drafting your prenuptial agreement, to ensure that your prenup is valid, enforceable, and to ensure the correct state’s laws will be applied, depending on which state you choose.
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