Did you know that an estimated 3.5 million couples live at different addresses according to the U.S. Census Bureau? Each state has its own regulations for marriages and prenups, so it makes sense that you would draft a prenup according to the rules of the state where you plan to reside after marriage. Here are a few things to keep in mind.
Jurisdictional Differences: While all 50 states recognize prenups, there may be variations in individual state rules. California has specific laws regarding prenups, and they may differ from the laws of another state. It's essential to confirm that the prenup complies with the laws of the state you plan to reside in.
Legal Representation: At First, you and your partner will each have separate legal representation when drafting and reviewing the prenup. This is especially important when dealing with jurisdictional differences, as each party’s attorney can ensure that their client’s interests are protected under the relevant state law.
Coordination and Communication: Living in different states may require additional coordination and communication when negotiating the terms of the prenup. First can help ease the difficulties that come with drafting prenups in long-distance relationships with our 100% online platform. However, it’s still important that you and your partner can communicate effectively, align and work together to reach an agreement that recognizes both of your unique needs and desires.
Execution: Prenuptial agreements require signatures to be legally valid. If you and your partner plan to live in the same state after your marriage, it’s important that your prenup follows the specific regulations of the jurisdiction in which you will be married and reside. The agreement can specify which state laws will be followed in the unfortunate case that the enforcement of your prenup becomes necessary.
While it may require some extra effort and coordination, it is certainly possible to get a prenup when you and your partner live in different states. Receiving legal guidance from attorneys who are familiar with the unique laws of both you and your partner’s states will also help ensure that the prenup meets all legal requirements and protects both parties' interests.
Sources: trustlaw.com , palisadeshudson.com , hklaw.com
