dkmck07
Nov 27, 2006, 08:46 PM
Does a pre nupthat was obtained in newjersey hold firm if I divorce in the state of Florida
Fr_Chuck
Nov 29, 2006, 08:03 PM
If it was legally valid when you were married.
But many prenup can be gotten around by good attorneys, depending on how good it was drawn up
s_cianci
Dec 2, 2006, 09:24 AM
Check with a Florida attorney. (S)he can advise you on whether Florida recognizes pre-nuptual agreements that were drafted out-of-state.
CCHOPIN
Apr 26, 2007, 12:42 AM
Barring some clause in the prenuptial agreement that violates Florida's public policy, the short answer is yes. If there is such a clause, it will most likely be ignored, but the rest of the agreement still enforced.
Generally, as well, a prenuptial agreement contains a "choice of law" provision, that would in your case require a reviewing court to interpret the prenuptial agreement according to New Jersey law, and there's some case law in Florida that would require the same even without such a provision. So it may be that New Jersey law will also control.
Keep in mind, however, that Florida will not enforce a waiver of temporary alimony, child support, attorneys' fees, or the like, regardless of what your prenuptial agreement has to say on the subject.