Baldwinsville, NY asked in Family Law for New York

Q: We have a separation agreement signed by both of us in Scotland. Will NY state recognize foreign separation agreements?

The separation agreement was signed willingly by both parties and had a clause that said both parties would like Scottish Law to be considered when the final divorce was set. I was told the US does not take foreign separation agreements into account? My wife has already taken half of my assets plus child support. Can she really get more now that we file in the US?

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1 Lawyer Answer

Bruce Provda

Answered
  • New York, NY
  • Licensed in New York

A: It does not seem likely that this separation agreement would hold up in US courts. You would need to establish residency in NY in order to file for divorce here. You certainly present the agreement as a past decision between you both, but it would have no legal standing. You should speak with a divorce attorney.

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