New York Divorce Lawyer Blog
In New York divorce actions, disputes over asset classification can become even more complex when the marriage has foreign origins. When parties were married abroad, courts must determine whether that marriage is legally recognizable under New York law before proceeding to equitable distribution. A recent decision from a New York court illustrates how courts evaluate claims involving religious or informal foreign marriages, and how the concept of comity interacts with New York’s strong public policies regarding marriage equality. If you have questions about how a divorce may impact your financial well-being, it is smart to talk to an experienced New York divorce attorney.
History of the Case
It is reported that the parties were married in Egypt in August 2012 through an Urfi marriage ceremony and later participated in a civil marriage ceremony in December 2012. Allegedly, during the course of their marriage, the parties acquired ownership of two adjacent residential units in Egypt, referred to in the litigation as Apartments 4 and 5.
It is further reported that in the ensuing divorce proceedings, the Supreme Court of Bronx County recognized only the December 2012 civil marriage as valid, concluding that the August 2012 Urfi marriage was inconsistent with New York public policy due to its alleged lack of economic parity between the spouses. As a result, the lower court classified Apartment 4, purchased between the Urfi and civil ceremonies, as the husband’s separate property. The court directed the parties to place only Apartment 5 on the open market and to divide the net proceeds 90% to the wife and 10% to the husband. The husband was also ordered to pay the wife $686 as his share of marital debt.
The wife appealed, arguing that the Urfi marriage should have been recognized, thereby rendering both apartments marital property subject to equitable distribution.
Comity to Foreign Marriages
On appeal, the court reversed key portions of the trial court’s decision. In doing so, the court emphasized that New York generally grants comity to foreign marriages if they are valid in the jurisdiction where they occurred, unless one of two limited exceptions applies: the “positive law” exception or the “natural law” exception.
The court found that the Urfi marriage was legally recognized in Egypt, and thus presumptively entitled to recognition in New York. While the trial court had relied on the natural law exception, reasoning that Urfi marriages are inconsistent with New York’s policy of spousal equality, the court rejected that interpretation. It explained that the natural law exception is to be applied narrowly and only where recognition would be offensive to New York’s public morality to an extent that is generally regarded with abhorrence, such as in cases of polygamy or incest. The economic structure of Urfi marriages, even if potentially unequal, did not meet that threshold.
By recognizing the Urfi marriage, the appellate court determined that Apartment 4, purchased after the religious ceremony but before the civil ceremony, was not the husband’s separate property. Instead, both Apartments 4 and 5 constituted marital property under Domestic Relations Law § 236(B)(1)(c) and were subject to equitable distribution.
The court directed that both apartments be placed on the open market, with the net proceeds to be divided according to the 90% (wife) / 10% (husband) split originally applied only to Apartment 5. The matter was remanded for calculation of the wife’s total equitable distribution from both units.
Additionally, the court modified the judgment concerning marital debt. It found that the total amount due for unpaid storage fees between November 2015 and August 2016 was $2,820. The husband was responsible for half, increasing his obligation from $686 to $1,410 payable to the wife.
Meet with an Experienced New York Divorce Lawyer
When international marriages and foreign property are involved, New York divorce proceedings can become entangled in questions of legal recognition, asset classification, and equitable distribution. If your divorce includes international marriage ceremonies, disputes over foreign assets, or disagreements about separate versus marital property, it is essential to seek advice from an attorney. Attorney Ksenia Rudyuk of Rudyuk Law Firm is an experienced New York divorce attorney who is adept at navigating complex, international, and high-asset divorce cases, and if you hire her, she will advocate aggressively on your behalf. Call us today at (212) 706-2001 or fill out our online form to schedule a consultation.