Legal Question in Wills and Trusts in Florida

Re: Pre-Nup

Yes, but each party should have had their own attorney.

Re: Pre-Nup

Pre-nups in Puerto Rico have both formal and substantive requirements. The most important requirement, without which you would not have a pre-nup at all, is that it is in the form of a public deed (escritura p�blica). That deed is given before a notary public.

The other thing you must do, in order for a pre-nup to effectively maintain separate ownership of assets acquired after marriage, is that you must reject the conjugal partnership regime (which is default pursuant to the civil code) and establish a separate asset regime.

These things being true, your marital relationship was borne without a joint assets regime, and whatever assets are bought by one of the spouses does not cause the other to be entitled to any ownership automatically. On the other hand, if assets want to be jointly owned they must be acquired by both spouses jointly in a co-ownership agreement.

After that, your marital partnership should continue to observe a separate assets regime, even if you move to Florida, provided that the state does not require any particular proceeding to do this.

Re: Pre-Nup

There is case law in Florida applying PR law in Florida to an antenuptial agreement made in PR, in the context of proceeings involving an estate of one of the spouses. Of course, the agreement must be executed properly in conformity with PR law. Our firm is quite experienced in "cross-border" matters and can assist in such a case.