Mediating Conflict,
Embracing Peace

Choice of law in divorce not always an easy decision, P.3

Picking up where we left off last time: there are a variety of ways that the law in state may be more beneficial in divorce for one party than in other states. Those who are contemplating divorce and have a choice as to which state they will file in should carefully consider the impact of these laws on their case.

For couples who are prepared enough to be considering a prenuptial agreement prior, choice of law an issue that can be addressed in their agreement. Choice of law refers to a couple’s decision as to which state law will be applied in litigating any disputes that arise with respect to their prenuptial agreement. 

For some couples negotiating a prenuptial agreement, the most sensible thing to do is to write their contract with their home state’s law in mind. For other couples, particularly those who have close ties to other states, choosing which state law will be applied is an important decision.

Couples can avoid a lot of hassle by specifying which law will be applied in the event some provision of their prenuptial agreement comes into dispute. Couples who opt the application of another state’s law, though, should be sure to carefully work with an experienced attorney to negotiate and craft their agreement with this in mind. Also important is to be aware that state divorce laws do undergo change from time to time, and that it isn’t a bad idea to periodically review a prenuptial agreement to ensure it is still going to function as desired in the event of divorce.