Federal Court Holds Mexican Separation Agreement Valid
by
Joseph C. Maya on May. 03, 2017
Divorce & Family Law Divorce & Family Law Divorce Civil & Human Rights Constitutional Law
Summary: Blog post about the validity of a divorce agreement that was granted in Mexico.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
A separation of property agreement between an ex-wife and an ex-husband was not invalid merely because the couple had obtained a Mexican divorce. The agreement had been duly submitted for the consideration of the Mexican court.
On January 11, 1966, the plaintiff was granted divorce in a civil court of Mexico, on the ground of incompatibility of temperament. The divorce decree mentioned a contractual agreement between the parties, and ordered the parties to comply with all of the contract’s terms and conditions. The agreement provided that the defendant, during his lifetime, would pay to the plaintiff $30 weekly for life or until her remarriage. It also provided for an assignment by the defendant to the plaintiff of all interest in his trust fund. The defendant motioned for the dismissal of this obligation in Connecticut Federal Court, on the allegation that the contract was invalid, and held no authority in United States jurisdiction. The court found no issue with the validity of the Mexican divorce, because the each party was fully represented by counsel during the proceeding and the agreement was submitted to the court for approval and confirmed, ratified and incorporated by reference during the divorce decree. The court concluded that the agreement was designed for the certain transfers of personal property and shares of stock made at the time of the divorce. There was no attack or objection to the agreement during the initial divorce proceeding. The fact that the parties were no longer domiciled in Mexico was not relevant.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Walden v. Lattarulo, 269 A.2d 250; 6. Conn. Cit. Ct. 118 (Conn. Cir. 1969)