A Judge has voided marital agreements drafted under foreign laws in two separate divorce actions, saying the agreements in both cases had procedural defects that rendered them unenforceable.
Manhattan Supreme Court Justice Ellen Gesmer (See Profile) said the prenuptial agreement in M. v. M. 309652/12 fell short of Spanish Civil Code requirements, while a post-nuptial agreement in J.R. v. E.M., 301738/13, also enacted under Spain’s laws, was not in compliance with Domestic Relations Law.
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