Destination weddings are becoming more popular, and many couples choose to wed in resort towns and vacation spots. Similarly, many couples choose to protect their assets by entering into prenuptial agreements prior to the wedding. The question inevitably arises, then, as to what state’s laws apply when enforcing a prenuptial agreement that was signed in a place other than where the couple resides. A Florida court recently addressed this issue in a matter in which the wife sought enforcement of her prenuptial agreement. If you intend to wed, it is wise to speak to a capable Florida marital agreement attorney to discuss your options for safeguarding your assets.
The Subject Agreement
It is reported that the husband and wife lived together in the husband’s home for approximately five years before they were married. One year before their wedding, the husband stated that if they were ever to marry, he wanted a prenuptial agreement. Later that year, they got engaged and decided to marry the following month when they were on vacation in Martha’s Vineyard.
Allegedly, the husband did not mention prenuptial agreements again until the day of their wedding, when he awoke the wife and told her that she had to find a prenuptial agreement to complete and sign. She found one online, and they traveled to a notary republic to sign it, finishing shortly before the wedding. After the husband died, the wife sought to invalidate the prenuptial agreement and moved to determine which state’s laws applied. The court found that Florida law applied and denied the wife’s petition on other grounds. The wife appealed. Continue reading ›