Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My name is ***** ***** and I am trying to understand if it…

Customer Question
Hi my name is...

Hi my name is ***** ***** and I am trying to understand if it is better to do a prenup under New York or Florida law.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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.

Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 42 minutes by:
3/7/2016
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

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.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
A prenup that protects retirment uo to 7 years of marriage,
Hello a prenup that protects retirment uo to 7 years of marriage, can i over throw it because it was not a post-nuptial agreement, therefore I signed something before his spouse. Divorce litigation in… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,458 satisfied customers
I got married in New York, the day before I got married my
I got married in New York, the day before I got married my potential husband told me we werent going to get married and come back a year to the day and get married the following year on the same day. … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
What am I entitled to if I file in America vs Germany
what am I entitled to if I file for divorce in America vs Germany regarding alimony child support and division of assets .… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am a german citizen and I live with my german daughter in
Dear Sir or Madam, I am a german citizen and I live with my german daughter in germany. My husband is american and he moved back to new york because he couldnt find a job in germany. We still talk but… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was married in new york city clerk office in september of
I was married in new york city clerk office in september of 2013. I moved down here to florida in January 2016. Is my marriage recognized in florida because me and my then husband are no longer togeth… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I've been studying the various issues at length. I have
For Roger: I've been studying the various issues at length. I have further questions and some statue attachments I think you might want to see. In short I question: (A) does judicial estoppel apply to… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I have been married years with income over $175K and wife
I have been married for 22 years with income over $175K and wife income was ZERO as she was a stay at home mom (but she does have a college degree). 1 Child under 18. He is currently 16. With the new … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm an American citizen (NYS permanent resident studying
Hi, I'm an American citizen (NYS permanent resident studying abroad in Germany) and my fiance is a German citizen. Would it be possible for us to get married in NYS? What documents would he need from … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
I live in Florida and Puerto Rico, is there a way to make the
I live in Florida and Puerto Rico, is there a way to make the Prenuptial agreement valid in both states?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My ex is from Luxembourg, I am from the USA, we were living
My ex is from Luxembourg, I am from the USA, we were living in Germany and got married in Antigua. I never filed the marriage license anywhere. We got divorced in a German court. Were we really marrie… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Parents are still married, not even separated, and pending
Parents are still married, not even separated, and pending actions. Can one parent abduct the child to a foreign state or country, with or without the child's agreement, when the other parent objects?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
Concerning your advice, I consulted with Briana Denney in NYC,
Concerning your advice, I consulted with Briana Denney in NYC, an expert in family law, and she said things that somewhat disagreed with what you said. Forgive me if I misunderstood what you said and … read more
Estate Lawyer
Estate Lawyer
Attorney
Bachelor's Degree
164 satisfied customers
hi, i am a US citizen currently residing in australia, getting
hi, i am a US citizen currently residing in australia, getting married here to an australia citizen, and planning to move back to the US in the next 2 year (probably CA). I have had a CA attorney draw… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I am currently single and looking to protect my assets before
I am currently single and looking to protect my assets before I get married. I have one condo in NY fully paid. One coop apartment in NJ being rented. A 401K and a CRUT. Please don't say get a prenup.… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My aunt was born and married in Mexico under Mexican law in
My aunt was born and married in Mexico under Mexican law in 1977. They immigrated and she purchased separate property in 1988, an apramment building in California and are residents of California and l… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
Hello Im Christoph. Ive got a question for you, basically
Hello I'm Christoph. I've got a question for you, basically about marriage between a German and an American. Let me start giving you some information: I am German, living and working in the USA but em… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I was married to a German national. I am a resident of Tennessee
I was married to a German national. I am a resident of Tennessee but am in the military and stationed in Texas. My ex-wife and I divorced in 2000. We have two minor children. We divorced in Tennessee … read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
I RESIDE IN MIAMI, FLORIDA, MY FUTURE HUSBAND RESIDES IN NYC.
I RESIDE IN MIAMI, FLORIDA, MY FUTURE HUSBAND RESIDES IN NYC. OUR WEDDING WILL BE IN NYC AND HE WILL BE MOVING TO FLORIDA 6 MONTHS AFTER. I HAVE A PROPERTY THAT I WANT TO PROTECT UNDER A PRE NUPTIAL A… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x