The parties met, began dating, and moved to Colombia, where the Wife lived. The Wife was a successful executive, but the Husband, despite having an Executive MBA, was not employed, waiting for the perfect job in start-ups to come along. When they got engaged, they decided to enter into … Read More about Case Update (3 April 2023): Rzeczkowski v. Borrero; Colombian notary is different than a U.S. notary, and two prenuptial “agreements” signed in Colombia are subject to recognition as a matter of comity if they do not violate public policy
Case Update (11 May 2022): Moquin v. Bergeron; application of choice of law clause in foreign prenuptial agreement
The spouses signed a Marriage Contract (i.e., prenuptial agreement) on July 17, 1992, and married about one week later in Quebec. The Marriage Contract selected a "separate property regime pursuant to the provisions of the Civil Code of the Province of Quebec." Under the Civil Code "each spouse had … Read More about Case Update (11 May 2022): Moquin v. Bergeron; application of choice of law clause in foreign prenuptial agreement
Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed
On June 30, 2021, the Court of Appeals of Iowa affirmed the trial court's dismissal of Ms. Pitcairn's petition for marriage dissolution on the basis of forum non conveniens. Ms. Pitcairn and Mr. Renaud married in France in 2005, lived most of their marriage in France, Mr. Renaud is French and Ms. … Read More about Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed
Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity
On August 19, 2020, the Third District Court of Appeal for the State of Florida, in Vicario v. Blanch, reversed the trial court's order staying a dissolution proceeding in lieu of a dissolution proceeding in Spain. The parties have a complicated timeline of court filings in both … Read More about Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity
Case Update (2020): Federbush v. Shah; Simultaneous Divorce Actions, Forum Non Conveniens
In a March 2, 2020 opinion by the Supreme Court in New York County in Federbush v. Shah (2020 NY Slip Op 50300(U)), the court addressed a multi-jurisdictional divorce suit between a couple that had married in Thailand 8 years earlier. The couple had signed a prenuptial agreement on the same … Read More about Case Update (2020): Federbush v. Shah; Simultaneous Divorce Actions, Forum Non Conveniens
Case Update (2020): Nouri v. Dadgar; Religious Marriage Contracts – Enforceability of Mahr
Maryland's Court of Special Appeals (its intermediate appellate court) issued an opinion on April 7, 2020 that addressed the issue of the enforceability of Islamic marriage contracts in two separate, yet consolidated, cases.Nouri v. Dadgar and Ghazirad v. Mojarrad set forth the premise that … Read More about Case Update (2020): Nouri v. Dadgar; Religious Marriage Contracts – Enforceability of Mahr