Los Angeles, CA asked in Divorce and Family Law for California

Q: What are my rights in this divorce?

My husband has recently filed for a divorce. We are from Iraq but we obtain US Citizenship. We got married in Jordan back in 2005 and settled on a prenuptial agreement but since we are living in the US he is trying to divorce me American style which pretty much means I lose my prenuptial assets since marriage and divorce in the middle east are quite different. I was wondering is it possible for me to travel to the middle east and divorce him there so I would receive my rights ? or it possible for me to obtain my prenuptial rights in the US even through they were settled in a different country?

I'm in a pretty chaotic situation as he's trying to take a lot from me and dodge our prenuptial becasue it was done in a different country. Please help me.

Thank you,

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1 Lawyer Answer
Angelina Bradley
Angelina Bradley
  • Monterey Park, CA
  • Licensed in California

A: Odds are high that you're international prenup does not meet the requirements of Family Code 1615.

I cannot speak to whether getting a divorce back in Iraq or Jordan would afford you more rights. I can only say that California is a community property state, meaning you each hold equal shares in all you obtained during the marriage. You mention pre-marital assets. California would not be able to help you here, and, unless your prenup did meet the 1615 requirements, it would likely be unenforceable here.

My best recommendation to you is to consult with a family law attorney. Bring your prenup so the attorney can review.

Good luck.

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