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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.
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.
Asset protection trusts (APTs) offer an alternative for future spouses looking to protect their assets in the event of a future divorce. You can establish an APT without your future spouse even knowing about it.
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).
Admittedly prenups are not perfect and dont account for the passage of time, adding they are invalidated by the court a little less than 50 percent of the time.
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Each state has its own laws regarding prenuptial agreements. While some states will recognize your prenup under valid contract law others will want to make sure the agreement follows their law and does not violate public policy.
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.
Can you get a prenup after marriage? Once you have already gotten married, you cannot enter into a prenuptial agreement. Prenups are official legal documents between engaged couples. However, if you are already married and want to protect your assets and property, there is still a good option available to you.
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 prenuptial agreement cannot affect a spouses equal right to possession of the matrimonial home. The only things that can affect a spouses equal right to the home are a separation agreement, divorce, or court order.

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