In A Global Mobile Context, Which Country’s Divorce Law Governs Divorce?

Husband and Wife live in New York. They married in the US.

But they come from France. And it just so happens that they entered a prenuptial agreement (prenup) on an occasion when they were in France.

It was Wife, or rather her family who pushed for the prenup.

Flash forward thirteen years.

It turns out Husband has done pretty well over the intervening years.

Now Husband and Wife are divorcing, in New York.

Wife argues that the New York law should control their divorce. And the prenuptial agreement they signed in France should be ignored.

If so, the couple’s assets would likely be divided equally.

Husband, on the other hand, argues that the prenup should be enforced. And French law should govern their divorce.

If so, each spouse would keep the assets held in their respective names.

Of course, a third alternative may be the most likely outcome: the prenup is upheld and New York law applies to it.

Read more in this UPI article: Over the years, though, Husband has done pretty well and this Business Insider article: Sarkozy’s Banker Brother Got Rich And Now His Wife Wants Their Pre-Nup Voided.