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Your prenup remains valid even if you draft the agreement in one state and get married in another state. A prenuptial agreement is a contractual agreement. Like other contracts, there is usually a choice of law provision that says which states law applies when enforcing the agreement.
South Dakota does not recognize common law marriages contracted after July 1, 1959, but does recognize valid common law marriages contracted in other states between persons of the opposite sex.
Marriage. Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.
When courts look to interpret the contents of a prenup from another state, they use what is called Choice of Law. This means they will look to the law of the original state to establish what each party intended in the prenup. However, there are some exceptions to Choice of Law.
A good prenuptial agreement can even exert a positive force on a healthy marriage. Yet only five to 10 percent of marrying Americans get prenuptial agreements.

People also ask

It is not to enforce personal obligations such as the duty to remain faithful or the commitment to remain in the relationship. While people may feel that these obligations are part of the marriage contract, these are not the obligations that domestic contracts are meant to deal with.
Rather, prenuptial agreements (prenups) can contain provisions referred to as cheating clauses, which can entitle one spouse to financial gain in the case that their partner commits infidelity.
What states honor common law marriages? States that still have common law marriages are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.
Few states agree on the specifics of a prenup. However, all 50 states of the US do recognize prenuptial agreements. Its important to realize that prenups are the same for same-sex couples who legally marry.
The short answer is that you can protect, or not protect, nearly anything you want. A valid prenup is legally binding, so whatever you and your partner put into it should stand up in court if you eventually divorce (though every case is different).

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