Pre-nuptial agreement still binding across state lines?

Question

LEGAL ADVISORS ONLY, PLEASE. I would like an actual answer, not an assumption, as we would all speculate it to hold true.

If a pre-nuptial agreement was signed prior to a marriage in Louisiana in 1984, and the couple was transferred to Texas in 1987 due to relocation, is the agreement still binding? Would the state of Texas recognize this document to be factual, and thereby be honored?

Answer 1

Not so fast everyone--

Contracts made in another state are generally enforceable in the next. However, the interpretation of the contract may be vastly different. This is because the new state, Texas, might apply Texas rules of interpretation to the Louisiana contract. Also, Texas may apply its own rules to such things as dividing up Texas real estate.

This problem is known as a "conflict of laws" situation. To the extent that Texas law and Louisianna law are basically the same, you have no problem. But if Texas law would reach a significantly different outcome, your results can be uncertain.

Answer 2

I am sure that you have read a lot of the answers and are still wondering, is it binding across state lines. The answer is yes, if the pre-nup was a legally enforceable vehicle in the state it was issued, then it is. BUT, different states can and will interpret them different.

If you live in one of the nation's nine community property states -- Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin -- the law says property accumulated during the marriage will be divided equally.
In all other "equitable distribution states," assets are divvied according to what the court deems fair. The judge would take into consideration things such as the length of the marriage, whether there are children, and the couple's age, health, job skills and other factors. Alaska is a special case -- it's an equitable distribution state, but it has a law that allows people to voluntarily enter into a community property agreement for certain assets.

So the bottom line is, although it is a legal document, the court still has latitude within the states laws to determine what and how assets will be divided.

Answer 3

Yes, otherwise you would have people relocating then divorcing so that they would not have to abide by the terms of the pre-nup. It's the same as a marriage license or driver's license being a legally binding document in a state other than the the one that issued it.

Answer 4

In SA the movement over boders does not nullify any prenuptual agreement. I could not find any documents or legal proof that the agreement will not stand up.
The only question you need to ask is are a contact signed binding or not. The answer yes if concented by both parties and agreed to it is and are therefore binding to both parties

Answer 5

Lawyers can't give legal advice through Yahoo Answers, so you won't get an official opinion here.

My understanding is that the contract would be enforceable under the law of the state where it was formed.

Answer 6

Actually, everyone was ALMOST correct. The salient point is IF the PRENUP was legally valid in the state in which it was made, then it is valid as a contract in any state or country.

Therefore, the CORRECT answer is, yes, if it was valid and enforcable upon its making in Louisiana.

Answer 7

Yes. If the pre-nup was executed properly and legally, it's binding in whatever state the couple resides in.

Answer 8

Yes. A legal document is a legal document everywhere.
and Yes, it will be honored.

Answer 9

Yep. Contracts signed in one state are absolutely enforceable in another.

Answer 10

Yes.