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How Do State Prenuptial Laws Vary?

Varying State Laws

Generally, state laws relating to a prenuptial agreement will be very similar. In fact, a couple that has a prenuptial agreement in any state, is likely to have it validated by the courts as long as it conforms to that state's laws. When couples review their prenuptial forms, they must be careful to ensure that they have followed all state laws that pertain to them.

In addition, couples want to exclude any clauses that may oppose state laws. While some laws are ambiguous to certain aspects of a prenuptial agreement, it is best to avoid any possible complications in having the agreement upheld by the courts.

One law that applies in all states, is the prohibition of including issues of child custodychild supportdivorceprenuptial formspost-nuptial agreement to account for any changes in law, no matter how slight.

Each state will have prenuptial forms that are specifically geared toward obeying the laws of that state. While most states have similar laws regarding a prenuptial agreement, it is recommended that couples use prenuptial forms geared toward their specific state laws.

After marriage, a couple that moves should consider a post nuptial agreement in case their prenuptial forms do not comply with their new state's laws.

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