Which state should I choose?

Choosing the right state is important - here are a few tips

​

When choosing a state, you might face several challenges:

• Do you and your fiance live in different states?
• Do you plan to move to another state soon?
• Own two houses in different states?

We cannot tell you which state to choose, but it is common practice and commonly accepted that you should choose the state in which you plan to reside as a married couple.

Your choice of state (this is what we call “choice of law”) determines which state’s laws will be applied to your prenup at the time of enforcement (ie divorce).

Prenuptial agreement law varies from state to state. If you live in one state now, but may move to another state, you should contact a licensed attorney in each state to discuss how each state would go about enforcing a prenuptial agreement

Example:

Imagine you’re in California but plan to move to Florida or Massachusetts post-wedding.

Where should your prenup apply?

If you’re certain about moving to Florida and living there indefinitely, choosing Florida makes sense.