We cannot tell you which state to choose, but it is common practice and commonly accepted that you should choose the state in which you plan to reside as a married couple.
Utah's online wedding procedure allows couples to get married virtually, regardless of their physical location. From a legal perspective, your marriage is considered to have taken place in Utah. However, Utah may not be the state that you would choose to govern your prenup if you do not plan to reside in Utah as a married couple.
Example: John and Kate are getting married. Kate is from the UK, and John is from Detroit, Michigan, USA. John and Kate want to get married online to expedite their visa process to help Kate get to the USA faster. John may think he should choose Utah because that’s where they’re *technically* getting married, but that’s not the case. John should likely choose Michigan as his state, as long as that’s where John and Kate plan to reside as a married couple.
Your choice of state (this is what we call choice of law) determines which state's laws will be applied to your prenup at the time of enforcement (i.e., divorce). In addition, a line will appear in your HelloPrenup agreement that states that you and your future spouse plan to reside in that state as a married couple.
If you are still unsure of which state to choose, we recommend speaking with an attorney by adding a 20-minute Attorney Q&A session for only $49.
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