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stevegriff1
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Reged: 01/10/10
Posts: 2

Married in NY, prenuptial written in Texas.

#619742 - 01/10/10 10:06 PM

Married in NY, prenuptial and post-nuptial written and executed in Texas

A question to anyone that has some knowledgeable direction to provide regarding this matter.
I was married in NY, under a New York state license. The prenuptial & post-nuptial language is written to nullify & neutralize the Texas Family code protections for a spouse. The prenuptial does not mention New York.

The divorce was filed in Texas in Nov 2009, is now just a few days from finalization under Texas law.

I'm told I have no wiggle room in Texas - the prenuptial is 'air tight'.

Is there any flexibility or disparity in New York's code of Family Law which conflicts with a Texas family law? Can the divorce be contested in New York if neither party is a resident of New York ?

The document states "Mr. X and Ms. X are entering into this agreement pursuant to Article XVI, section 15, of the Texas Constitution and relevant sections of the Texas Family Code"?

The prenuptial appears to have nearly everything covered in Texas, including her/mine inheritance bequeathed from the Will and Last Testament of each other or from the death of a relative to either one of us respectively.

I'm posting this same question under the New York section of the forum.

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CuriousGeorge
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Reged: 01/15/09
Posts: 216

Re: Married in NY, prenuptial written in Texas.

[Re: stevegriff1]
#620564 - 01/12/10 12:49 PM

You are asking a highly technical question. Most people that respond here are lay persons with the exception of 1 or 2 attorneys. I think you need to speak with a very knowledgeable attorney (re prenups) to get a quality answer.

Now that being said - If you have lived in Texas during the 6-month period preceeding the divorce, you are a resident of Texas and must contest the divorce in Texas. Sounds like your prenup will stand up in this contest. If it is established that your residency was NY, then the divorce will be contested in NY. If contested in NY, I would think you will have problems with the prenup. Since the language is specific to Texas, it may be difficult for a judge to enforce the prenup given the NY jurisdication and then it may be "anything goes". That is the best lay person answer that I have.

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