Legal Question in Family Law in Nevada

What State to use for PreMarital Agreement From

We are residents of New York and are getting married in Nevada. Pre-Marital agreement forms are by state. Which state form should we use?

Thank you very much.


Asked on 2/09/05, 3:38 pm

2 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: What State to use for PreMarital Agreement From

I would advise usuing the applicable law and forms of the state which you will use as your domicile. I would however utilize an attorney familiar with pre-nup agreements .If you wish to discuss this further you may call my office @718-834-0087.

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Answered on 2/09/05, 5:02 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: What State to use for PreMarital Agreement From

If you are married in Nevada, then you have the option of using a Nevada form. If you will live in NY, you can use a NY.

The real issue is 'choice of law'. Under which state law will the document be interpreted? The NY law will be applied if you enter into the pre-nup in NY and the Nevada if you do it in Nevada. However, if you use a Montana form and live in NY, then NY law will be used.

Since not all states are equally favorable to each party, you want to make the choice that is best for you.

Notice that the content of each form is extremely similar. The important thing is to get the document properly witnessed. Get 2 witnesses, notarized, regardles of the form you use. That will help.

But remember, using a 'form' is always risky. I charge $250 for a basic pre-nup. Something with S/closely held corporate interests or complex trusts would be more.

You are welcome to a consultation for no fee.

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Answered on 2/09/05, 5:50 pm


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