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Family Law Across Borders

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property

Case Update (11 May 2022): Moquin v. Bergeron; application of choice of law clause in foreign prenuptial agreement

May 26, 2022

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

Category iconmarital property regime,  Premarital Agreements,  prenuptial,  property

Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed

July 8, 2021

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

Category icondivisible divorce,  divorce,  foreign divorce,  forum non conveniens,  inconvenient forum,  Premarital Agreements,  property

Case Update (2020): Mbatha v. Cutting; Choice of Law for the division of marital property

October 13, 2020

The case of Mbatha v. Cutting reads like a law school version of Cliff's Notes, summarizing the potential choice of law options for the equitable distribution of Mr. Mbatha and Ms. Cutting's marital assets in a Georgia divorce proceeding.  The couple met while Ms. Cutting was on a … Read More about Case Update (2020): Mbatha v. Cutting; Choice of Law for the division of marital property

Category iconchoice of law,  conflict of laws,  division,  divorce,  property

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