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Cases of Interest: Foreign Issues
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CALIFORNIA: Shaban v. Shaban, Nos. G024572, G025498 (Cal. Ct. App. Apr. 11, 2001).
Parties cannot agree, without a premarital agreement as to basic terms, that a marriage will be governed by another country's laws and then fill in the basic terms by parol evidence.
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NEW YORK: Sullivan v. Sullivan, ___ A.D.2d ___, 607 N.Y.S.2d 937 (1994).
The cutoff date for equitable distribution is the commencement of the equitable distribution proceeding, not the date at which one party obtains a judgment of divorce in another state.
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VIRGINIA: Toomey v. Toomey, ___ Va. App. ___, 454 S.E.2d 735 (1995).
Ex parte divorce decree did not foreclose the wife from later seeking equitable distribution of her property right in the husband's military pension.
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