DeLorean v. DeLorean

New Jersey court enforced a prenup signed hours before the wedding and, crucially, applied New Jersey law instead of the California choice-of-law clause — establishing that choice-of-law clauses don't always survive a move.

Why this case matters

DeLorean is the case to know for any couple planning to move or already moving between states. It puts a name and facts on what would otherwise be an abstract conflict-of-laws problem. For high-mobility couples — career-driven moves, retirement plans — DeLorean is the reason you should think about prenup-friendly destination states, not just the state of signing.

The facts

John DeLorean, the automaker behind the gull-winged DMC-12, and his wife Cristina signed a prenup in California hours before their 1973 wedding. The agreement contained a clause specifying that California law would govern. They later moved to New Jersey, where they divorced in the 1980s. Cristina challenged the prenup, arguing she'd had no time to review it and no independent counsel. John argued the California choice-of-law clause controlled.

The holding

The New Jersey court applied New Jersey law — not California law — despite the choice-of-law clause. The court reasoned that the parties had been New Jersey domiciliaries when the marriage was dissolved, that New Jersey had the most significant relationship to the parties and subject matter, and that applying California law (which was more lenient at the time) would violate New Jersey public policy. Under New Jersey law, the court found the prenup was nevertheless enforceable on its specific facts.

What it means for you

• A choice-of-law clause does not guarantee that the chosen state's law will apply.
• When couples move between states, the new state's courts decide which law governs.
• Courts can refuse to apply the chosen state's law if doing so would violate the new state's public policy.
• For couples likely to relocate, choice-of-law clauses are useful but not a substitute for drafting that satisfies the laws of likely future residence states.
• The closer the parties' actual connection to the chosen state, the more likely the clause survives.

Primary source

The full opinion is available at: https://caselaw.findlaw.com/nj-superior-court-appellate-division/1230553.html

New Jersey prenup law in context

New Jersey prenups are governed by N.J. Stat. Ann. §§37:2-31 to 37:2-41 — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the New Jersey prenup cost guide.

To check whether your specific situation has the kind of risks DeLorean v. DeLorean identifies, take the 60-second prenup quiz — it applies New Jersey-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in New Jersey.