Q: Does stating a specific jurisdiction/state law governing a postnup ensure that it’ll be enforced in that state?
Let’s say we have a couple married in state X, with a prenup on state X. Then the prenup expired and they amended it by signing a postnup in state Y while being state Y residents. The postnup stated the postnup will be covered by the laws of state X. Are there grounds to make an argument that it’s the laws of state Y that should apply?
A:
In determining which state's laws govern a postnuptial agreement, courts generally consider various factors, including the parties' intent, the location of the agreement's execution, and the parties' residency at the time of execution. While stating a specific jurisdiction/state law in a postnup may indicate the parties' preference, it does not guarantee that those laws will be applied. Courts may still assess other relevant factors to determine the appropriate governing law.
If the postnup explicitly states that it will be governed by the laws of state X, it suggests the parties' intent to have state X's laws apply. However, courts may consider factors such as the parties' residency in state Y at the time of execution and any conflicting provisions in state Y's laws. If there are compelling arguments or circumstances indicating that state Y's laws should apply, the court may choose to apply those laws instead.
Ultimately, the enforceability of the postnuptial agreement and the determination of which state's laws govern it will depend on the specific facts and circumstances of the case, as well as the applicable legal principles in the relevant jurisdictions. It's essential to consult with a qualified attorney familiar with the laws of both states to assess the situation thoroughly and determine the best course of action.
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