My Divorce Handbook
Choice of Law​
Some content is in French
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Choice of Law can be a complex concept, particularly when dealing with international divorces. Many Family Law counsels don’t see the implications of the topic. Furthermore, claiming one Law in one country, doesn’t necessarily mean that your choice is going to sustain in another country’s court (or subsequent proceedings). Knowing the implications and how conflict of laws law works is a big asset.
As your counsel builds language, the key questions to ask are: Does the divorce agreement include a choice of law clause? If so, how can such risk be mitigated? Is the choice of law clause comprehensive enough (includes which law applies to the construction, litigation, etc.)?
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U.S. State Laws Comparison Charts:
Content focused on reviewing different state laws. The American Bar Association publishes a comparison report every year. Access to the information requires a $90 membership fee. Depending on your case, it might be worth it.
https://www.americanbar.org/groups/family_law/resources/family_law_in_the_50_states.html
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A less reliable, but perhaps, useful site to consider to get a high level overview (not vetted) is:
http://divorce-laws.insidegov.com/
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Where should I file if my spouse and I live in different states?
Link gives general ideas on the topic.
https://www.legalmatch.com/law-library/article/filing-for-divorce-in-different-states.html
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Texas Conflicts Law; The Struggle to Grasp the Most Significant Relationship Test
Reading the headings might be more than enough. In summary, which law applies depends of various tests.
https://azslide.com/queue/winn-cutler-i-introduction_598341291723ddf937e9338a.html
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Texas Choice of Law:
The article outlines the rules that guide what laws Texas thinks should apply to contracts that have international components. Not as relevant, as Family Law is different, but useful to understand the complications of the topic. The article also helps to understand why it is SO IMPORTANT to have a choice of law clause. As with the other link, reading the headings might be more than enough.
https://www.jdsupra.com/legalnews/texas-choice-of-law-rules-80905/
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Les mariages transfrontaliers : la sécurité juridique devient une priorité.
An article that outlines the complications when couples marry or have divorces across borders.
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Conflit de lois : loi française ou loi étrangère applicable
This article outlines some choice of law considerations in France
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International Issues – Case when a prenuptial agreement signed abroad is applied in the United States. Section V. of PDF -
In case you wonder if a pre-nuptial agreement signed outside of the United States applies in the United States.
https://www.iafl.com/cms_media/files/prenuptial_agreements_in_the_us.pdf