Does a pre nupthat was obtained in newjersey hold firm if I divorce in the state of Florida
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Does a pre nupthat was obtained in newjersey hold firm if I divorce in the state of Florida
I believe it does.
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
Check with a Florida attorney. (S)he can advise you on whether Florida recognizes pre-nuptual agreements that were drafted out-of-state.
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.
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