On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday February 27th, 2025.
Prenuptial agreements can help couples protect their assets and define financial responsibilities before marriage. However, if a couple moves to another state or files for divorce outside their original jurisdiction, it can be difficult to enforce the agreement. Each state has different laws, and a prenuptial agreement that is valid in one place may not hold up in another.
Why Prenuptial Agreements May Not Be Enforced in Every State
State laws (not federal law) govern prenup agreements. This means each state has its own rules about what makes an agreement valid. Some states strictly enforce prenups, while others review them more closely to ensure fairness.
One major issue is that some states follow community property laws. These laws automatically divide assets equally between spouses when they separate. If a prenup conflicts with those laws, a court may refuse to enforce certain terms. Courts may also reject a prenup if they find it unfair, one-sided, or lacking full financial disclosure at the time of signing.
How Can You Strengthen a Prenuptial Agreement Across State Lines?
If a couple moves or owns property in different states, they should take steps to protect the agreement. Some of the things they can do include:
- Choice-of-Law Clause: A prenup should specify which state’s laws will apply in case of a dispute. Without this, the state where the divorce is filed may apply its own laws, which could weaken the agreement.
- Full Financial Disclosure: Courts are more likely to enforce a prenup agreement when both spouses had complete knowledge of each other’s finances before signing.
- Independent Legal Representation: If both spouses had their own attorneys when signing the prenup, courts are less likely to question its fairness.
- Review and Update the Agreement: If moving to another state, consult an attorney to check if the prenup complies with local laws.
We Can Help Protect Your Agreement Before It’s Challenged
A prenuptial agreement is only useful if it holds up in court. You can take extra steps before marriage to prevent future legal battles. If you need to create or update a prenup, Wickersham & Bowers can help ensure it is enforceable no matter where life takes you. Contact us today for a consultation.
