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Question:
Should I sign a prenuptial agreement with state laws different than my current residential state?
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The mom of my fiancée is making us sign a prenuptial agreement. They live in FL and right now my fiancée and I live in NY. For my fiancée and I, it doesn’t matter when we would get married, it can be NY or FL. Her FL lawyer made the prenuptial agreement to be based on FL laws but as I said, we currently live and intend to keep living in NY in the foreseeable future. A NY lawyer told me that I should not sign the agreement unless it’s based by NY laws because that how it should be if I currently live in NY and going to stay in NY. Is that true? What is my best interest? Her family is trying to push me to get a FL lawyer and get married in FL so FL laws will be applied. Should I do that considering that I’m not living in FL?
Answer:
You can sign a Florida contract even if you reside in NY, but it may not be in your best interest. You should not sign any contract which states that it is “under the laws” of a state, unless you understand how the laws of that state operate, and how those laws may/may not affect your rights under that agreement (be it a New York contract or a Florida contract). A prenuptial agreement is a contract and it should be taken very seriously. It could affect your rights significantly. New York and Florida often have laws that often operate very differently, especially with regard to family and matrimonial laws. IF you are considering signing a Florida prenuptial agreement, you should first consult with an experienced family/matrimonial attorney who is licensed in and practices in Florida to understand how you could be affected by the agreement. Then, I suggest that you also consult with a New York family/matrimonial attorney to understand how you could be affected by a divorce in this state (assuming that this is where you continue to reside). In my opinion, only then can you really know how you are affected by the proposed agreement, what your rights are/would be in New York, and what is in your best interests.
Do you have questions about prenuptial agreements? If so, contact the experienced Saratoga County Divorce Attorney Jean Mahserjian.
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This educational blog was brought to you by Jean Mahserjian, an experienced Saratoga County Divorce Attorney.
