Full question:
If you Live in South Carolina and get married in Georgia, what premarital forms should you sign, South Carolina or Georgia forms?
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: South Carolina
Answer:
All fifty states recognize prenuptial agreements, but the laws governing them vary. While many states have adopted the Uniform Prenuptial Agreement Act (UPAA), each state has its own modifications. Key requirements for prenuptial agreements typically include:
- It must be in writing and meet specific technical requirements.
- The agreement must be signed before marriage.
- It cannot include terms against public policy.
- It must be substantively fair.
- Both parties should have the opportunity for legal counsel.
- There must be full financial disclosure.
To minimize uncertainty, couples often include a choice of law clause in their agreements, specifying which state's law will apply. Courts generally enforce these clauses, but some states may not always defer to them. Typically, the validity and enforceability of the agreement are determined by the law of the state where it was signed or the state specified in the choice of law clause.
If no choice of law clause exists, courts usually apply the laws of the state with the most significant relationship to the agreement. For instance, if a dispute arises regarding the execution of the document, most states would apply the law of the state where the agreement was executed or the law specified in a choice of law clause. If the dispute concerns substantive fairness at enforcement, public policy considerations may lead a court to apply the law of a state with a greater interest in the matter.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.