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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28443
Experience:  Attorney with experience in family law.
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My name is ***** ***** and I am trying to understand if it

Customer Question

Hi my name is ***** ***** and I am trying to understand if it is better to do a prenup under New York or Florida law.
JA: Thanks. Can you give me any more details about your issue?
Customer: I am a German national with assets in Germany and my partner a US national with assets in the US. We live part time in NYC and in Miami and now want to do a prenup prior to getting married. Question is are there any ad/disadvantages to using either NY or FL law under which to draw the prenup.
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Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

In either New York or Florida, a prenuptial agreement is typically valid as long as the parties are over the age of 18, mentally competent to enter a contract, and are not under duress or being forced to sign the agreement. Florida law requires that spouses disclose all their assets before entering a prenuptial agreement or receive a written waiver; New York requires only that a person does not misrepresent their financial situation. Under Florida law, if a prenuptial agreement waives alimony BUT the spouse would have to apply for public assistance without it, the judge has discretion to still enter support (that's going to be more important if the spouses divorce in Florida than if they sign the agreement there).

New York will not enforce an unconscionable agreement, meaning one that so seriously favors one party over the other that the judge cannot enforce it. Florida will not enforce an unconscionable agreement only if the party who signed it wasn't aware of the other spouse's financial condition at the time of signing. But you should also know that, in any state, a judge can refuse to enforce an agreement if it would violate the public policy of the state. So, again, where the parties divorce (if they do) can ultimately be more important than where it's originally entered.

It is a good idea in either state to have the agreement signed in front of a notary so neither spouse can later claim that he or she did not sign it. If you're planning to enter a fair, balanced agreement where each spouse has fully disclosed all assets to the others before it's signed, it should not make much difference whether it's entered in Florida or New York.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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