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Q: Which state to draft a prenup? ( Answered,   0 Comments )
Subject: Which state to draft a prenup?
Category: Business and Money
Asked by: chandrac-ga
List Price: $3.00
Posted: 13 May 2006 08:48 PDT
Expires: 12 Jun 2006 08:48 PDT
Question ID: 728416
* I understand that the response to this question is not a replacement
for professional legal advice*

My fiance and I will be moving from MA to NC (where we will become
legal residents) before our wedding.  We will be married in MI, and
have assets in a few other states.  Do we have a prenup drafted in our
state of residency, the state in which we will be married, or doesn't
it matter?

Subject: Re: Which state to draft a prenup?
Answered By: cynthia-ga on 14 May 2006 15:42 PDT
Hi chandrac,

This turned out to be very easy. You want to draft the prenuptial
agreement in North Carolina.


The Uniform Premarital Agreement Act
..."which has been adopted in 26 states (and introduced in the
legislatures of 2 more states as of 2005), allows the parties to
select which state's laws they desire to control their agreement. If
either of you lives in, or you plan to live in or shall be married in,
one of the below states which have adopted the Uniform Premarital
Agreement Act, it is suggested that you select that state..."

NORTH CAROLINA is on this list, Massachusetts and Michigan are not.

Both Massachusetts and Michigan have statutes or case law allowing for
prenuptial agreements in a form other than the [above mentioned]
uniform act: the statutes require prenuptial agreements to be signed
writing but statute is silent on all other issues.

Choose a City in North Carolina for Prenuptial Agreement Lawyers

Prenuptial and Postnuptial Contract Law in the US


Prenuptial Agreements

North Carolina - Premarital agreements are governed by the Uniform
Premarital Agreement Act, Chapter 52B of the North Carolina General

This sounds much better than this:

Massachusettes - What are the state laws of divorce?

Community Property States (not an issue, just information)
..."Community property states in the United States are Arizona,
California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington,
Wisconsin, and the territory of Puerto Rico. Their laws state that
property accumulated during a marriage would be divided equally in the
event of a divorce. Other states have a policy of dividing assets on
an equitable distribution basis..."

Hope this helps!


Search strategy:
Premarital OR prenuptial law
"North Carolina" Massachusettes
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