Is a Canadian Separation Agreement Enforceable in a New York Divorce?

Question:

I signed a separation agreement in 2001 with my husband in Quebec (where we were married). We reconciled two years later and have lived together in New York since that time. I would now like to get a divorce and want to know if that agreement will bind me in New York. In the agreement, I waived all rights to any of his income and assets.

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Answer:

For that Agreement to be binding in NY, it would have to comport with the requirements under the NY Domestic Relations Law. And, if the Agreement did not require a written reconciliation, your reconciliation may render the Agreement a nullity. You really should consult with an attorney to determine your rights and obligations under that Agreement.

Have you moved to the states from Canada and wish to start the divorce process?  Contact one of our experienced divorce attorneys in saratoga county to help start your journey.

This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York Divorce Attorney located in Saratoga County.  Our law office has been helping residents with uncontested divorce options for over 25 years.