Acord Prenuptial Agreement

With respect to financial matters related to divorce, marriage contracts are maintained and enforced on a routine basis by the courts in virtually every state. There are circumstances in which the courts have refused to enforce certain parts/provisions of these agreements. For example, in North Dakota, divorce courts retain jurisdiction to change a limitation on the right to maintenance or assistance from a spouse in a pre-marital agreement if this would result in the spouse who waived that right needing public assistance at the time of the divorce. [45] Florida and several other states have similar restrictions to prevent an outgoing spouse from becoming a ward of the state after a divorce under a marriage contract. Through a prenup, a spouse can completely renounce property rights, maintenance obligations or inheritance, as well as the share of choice and cannot obtain anything in his favor. The choice of law is essential in prenups. The parties may choose that the law of the State in which they are married governs both the interpretation of the agreement and the distribution of property at the time of divorce. In the absence of a legal choice clause, the law of the place where the parties divorce does not determine the law of the State in which they were married. .

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