Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce

Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce

16.09.2015 News

A New York judge has determined that an Islamic marriage contract entered into during a 1977 wedding ceremony in Egypt is not binding on the court’s consideration of the couple’s divorce now.

While Westchester County Supreme Court Justice Lawrence Ecker said New York courts have recognized that the marriage contract, called a “mahr,” can be enforceable, Ecker wrote in O.Y. v. A.G. that the document must be accompanied by proof of authentication in order to be valid under New York Real Property Law §301 and Domestic Relations Law §236.

Ecker said the mahr in question has not been subscribed nor acknowledged by the wife. Since the husband did not otherwise present authentication by a method approved by the Hague Convention of 1961, Ecker said he would not recognize the marriage contract as valid.

In any event, Ecker said, since the mahr in question is worth a total of $131 for the wife in event of the husband’s death or the dissolution of their marriage, it is in the best interests of all the parties to eliminate it as a consideration at this point in the couple’s current divorce proceedings in New York.

“Given the de minimis benefit to have been conferred upon plaintiff (the wife), there is no reason for the parties’ resources, or the court’s time, to be further expended in attempting to prove the validity of the mahr in question by expert testimony or otherwise, as suggested by the defendant,” Ecker wrote from White Plains. “Accordingly, the court finds that the mahr now under consideration is not enforceable in New York.”

Ecker granted the wife’s motion and dismissed the husband’s affirmative defense in relation to the mahr pursuant to CPLR 3211(b). He also ruled that the wife is estopped from seeking recovery of the $131.

The husband, “A.G.,” had argued that the mahr should govern the settlement the couple is now trying to reach before Ecker in a divorce action filed by the wife, “O.Y.”, on Aug. 11, 2014.

The husband cited to Avitzur v. Avitzur, 58 NY2d 108 (1983) for that contention. In Avitzur, the Court of Appeals upheld the enforceability of the secular terms of a “Ketubah” agreement between a man and wife entered into as part of a Jewish religious marriage ceremony.

Like the Ketubah, the mahr spells out a groom’s responsibilities toward the wife. In the O.Y. v. A.G. marriage, the husband signed the mahr, and the wife acquiesced through the signature of her uncle, according to Muslim tradition. She did not sign the mahr herself during the Islamic wedding ceremony on July 28, 1977, in Zagazig, Egypt, according to Ecker’s ruling.

Ecker also rejected the husband’s argument that a postnuptial agreement the couple signed in 2013 relieves the husband of further financial responsibilities the wife is seeking in her 2014 divorce filing. Ecker said the 2013 agreement should be looked at, not as an opt-out agreement binding the parties in a future divorce proceeding, but as signed in settlement for the wife’s agreement to discontinue without prejudice a 2012 divorce filing she made.

Ecker said the divorce action under the wife’s 2014 filing will proceed with the customary consideration of the principles of maintenance, equitable distribution, attorney fees and the other factors that are at play in the dissolution of a marriage in New York. The judge said he accepted the husband’s argument that any considerations that flowed to the wife under the 2013 postnuptial agreement should be weighed by the judge in working out the equitable distribution of the couple’s assets.

The judge ordered the parties to return to his court on Sept. 24.

Ecker said he did not have enough information to pass judgment on the distribution of marital property in the husband’s name in Egypt. The judge noted that the husband questioned whether an Egyptian court would honor the distribution of Egyptian property as ordered by a New York court in a divorce decree.

Ecker said he wanted time to get more information from the parties on the precise Egyptian property holdings and to consider “alternative dispositions” of the couple’s assets “to do justice to each of the parties.”

Howard Pobiner of White Plains represented the husband.

Pobiner said Ecker was “well within” his authority when finding that neither the mahr nor the 2013 postnuptial agreement were “opt outs” of the divorce decree that Ecker is trying to formulate.

Pobiner said “prevailing case law” around the country has been coming to the consensus that a mahr with the type of money called for in the case of O.Y. and A.G. represents an “unconscionably low” settlement by the standards of American customs and equitable distribution laws.

The wife’s attorney, Neveen Nesheiwat of Yonkers, praised Ecker for making a nuanced analysis of the mahr and determining that the one for O.Y.-A.G. is not valid for purposes of the couple’s divorce in 2015.

“Many lawyers are using it [the mahr] to curtail equitable rights and equitable distributions of assets,” Nesheiwat said in an interview Friday. “They are putting mostly women at risk.”

Nesheiwat said Ecker’s ruling will create case law in New York on the side of women who are unfairly disadvantaged by applications of Islamic Law outside of the Middle East.

She said it was also significant that Ecker announced his intention to try to draw any property holdings that the couple may have in Egypt into the New York divorce settlement because U.S. courts have tended “not to address those assets in light of the fact that those foreign nations do not give full faith and credit to American court directives.”

“Women tend to lose interests in those properties abroad,” she said.

Nesheiwat characterized the couple’s assets as being in excess of $1 million. She said the couple had children, but they are all emancipated.

Other articles

  • Apple was deprived of a monopoly on payments for applications
    News

    Apple was deprived of a monopoly on payments for applications

    Apple Inc, according to a lawsuit filed by Epic Games Inc., must allow mobile app developers to redirect users to alternative resources to pay for services in the App Store. The Wall Street Journal reported this. A 30% commission is now charged on each purchase. Judge Yvonne Gonzalez Rogers concluded that Apple’s practice was uncompetitive […]

  • The World Bank named the conditions for the tranche to Ukraine
    News

    The World Bank named the conditions for the tranche to Ukraine

    The World Bank will provide Ukraine with a second tranche of $ 350 million, but subject to certain conditions. WB Vice President for Europe and Central Asia Anna Bjerde told Interfax-Ukraine what exactly is expected from Kyiv. “The prospects for the second tranche of the Economic Recovery Development Policy Loan depend on maintaining an adequate […]

  • Swedish Tech Company Beetroot Expands With New Location in Mariupol
    News

    Swedish Tech Company Beetroot Expands With New Location in Mariupol

    September 13, 2021 — Stockholm, Sweden — Beetroot AB, the tech division of the Beetroot ecosystem, opens a new location in Mariupol, Ukraine. The company is currently accepting applications for over fifty software development vacancies in its international client projects.   In Mariupol, Beetroot will focus on building teams of tech specialists to work on a […]

  • Google has appealed France’s fine of half a billion
    News

    Google has appealed France’s fine of half a billion

    The American multinational corporation Google, fined in France for copyright infringement, has announced its intention to appeal the decision of the French regulatory authorities. This was announced on Wednesday, September 1, the chairman of the board of Google France Sebastien Missoff. “We do not agree with some legal nuances and consider the amount of the […]

  • The Ministry of Agrarian Policy announced the number of registered land agreements
    News

    The Ministry of Agrarian Policy announced the number of registered land agreements

    As of September 1, 11,499 agreements have been concluded within the land market. Poltava (2,873.6 ha) and Kharkiv (2,747.4 ha) regions are in the lead. This was reported by the press service of the Ministry of Agrarian Policy. It is noted that 4836 notaries have applied for access to the State Land Cadastre. A total […]

  • Metinvest has reduced its debts by half
    News

    Metinvest has reduced its debts by half

    In the first half of 2021, Metinvest earned $ 2.769 billion compared to a loss of $ 240 million a year earlier, according to the company’s press service. According to the financial report, as of June 30, the Group’s net debt decreased by 52% since the beginning of the year – to $ 1.016 billion, […]

  • A diamond processing plant is being sold in Ukraine
    News

    A diamond processing plant is being sold in Ukraine

    The State Property Fund of Ukraine has put the Vinnytsia diamond processing plant Crystal up for privatization auction for almost 90 million hryvnias. This is stated in the message of the Foundation. It is noted that the plant not only cuts and grinds precious stones, but also makes jewelry. They produce more than five thousand […]

  • The National Bank suffered billions in losses
    News

    The National Bank suffered billions in losses

    In the first half of the year, the National Bank suffered UAH 12 billion in losses, according to the central bank’s press service. In this regard, next year, according to the forecast, the NBU will transfer to the budget UAH 13.6 billion, which is 1.8 times less than this year (UAH 24.4 billion). It is […]

Read also

Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

“Biscuit-Chocolate” invested € 8 million in the development of production capacity

Confectionery Corporation “Biscuit-Chocolate” has invested € 8 million in the development of the production capacity in 2015. This is stated in the report of the corporation. According to the President of the corporation Alla Kovalenko, investments were directed including the introduction of new technologies, enabling enterprises to manufacture products that are still not produced in […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Amazon is releasing updated Echo Frames smart glasses with Alexa

On Thursday, Amazon announced the release of its updated smart glasses Echo Frames starting on December 10. Now everyone will be able to buy it. The new product from Amazon for $ 250 will go on sale just before the holiday weeks, which is a good time to start the release. Analysts and market experts […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Family courts must open up to avoid ‘outrageous injustices’, warns Ukip

MP Douglas Carswell launches Ukip policy calling for greater sensitivity in legal process to avoid breakup of families and forced adoptions Secrecy within the UK’s system of family courts is allowing social workers to “ride roughshod” over ordinary people and resulting in the unnecessary breakup of families and forced adoptions, the Ukip MP Douglas Carswell has warned. […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

The robotization of Amazon’s warehouses led to the increasing of the injuries among the employees

Introduced five years ago in Amazon’s warehouses the robots did not make the life easier for the employees – on the contrary, people are now forced to work four times faster. In addition, the robotics has brought Amazon warehouses to the record 14,000 serious injuries by the end of 2019. The current figures are to […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

The largest US oil company suffered losses for the first time in 40 years

For the first time in 40 years, the American oil company ExxonMobil suffered an annual loss of $ 22.4 billion. Last year the company’s revenue fell by 30.7% to $ 46.5 billion. The agency notes that the company suffered billions in losses due to the coronavirus pandemic and falling demand for oil, as well as […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

In Japan reported about cyberattacks on the vaccine developers

Since April of this year, Japanese companies and organizations involved in the development of the vaccines that protect against coronavirus infection, periodically experience cyber-attacks. This was announced on Monday, October 19, by Kyodo news agency, with the reference to the experts of the American company CrowdStrike, engaged in the cybersecurity. According to experts of the […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

International Agroindustrial Corporation ADM invests in Illichivsk Commerce Seaport

The ADM Company wants to invest in Illichivsk Commerce Seaport. It is reported by the press-service of the port. The ADM already has the working capacities in the port of Odessa, the company decided to take a part in the tender for the implementation of the  investment projects on the territory of the  Illichivsk Commerce […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce

A New York judge has determined that an Islamic marriage contract entered into during a 1977 wedding ceremony in Egypt is not binding on the court’s consideration of the couple’s divorce now. While Westchester County Supreme Court Justice Lawrence Ecker said New York courts have recognized that the marriage contract, called a “mahr,” can be enforceable, Ecker […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

The US and the EU will end the trade dispute between Boeing and Airbus

Authorities in the United States and the European Union have agreed to end a long-running trade dispute over the aerospace concerns Boeing and Airbus, which has resulted in mutual tariffs of more than $ 10 billion, said Catherine Ty, the US representative at the trade talks. “The US-EU agreement marks significant progress in reaching a […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Bank of America allowed Zoom shares to grow by 47% in the coming year

Experts from Bank of America have admitted that the shares of the video service Zoom in the coming year may grow by 47%, writes CNBC. The TV channel quotes an analytical note of the bank. Bank of America has renewed the recommendation to buy Zoom securities. He set a target value for the company’s securities […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

The supervisory authorities have fined the operator Orange for the record sum of € 350 million

Regulators fined the largest French mobile operator – The Orange Company in the amount of € 350 million. The reason for the fine is the abuse of a dominant market position. The supervisory authorities of France conducted an investigation and determined that since the early 2000, Orange fraudulently suppressed the competition in their field. The […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Apple announced the third presentation since the beginning of the year

Apple has announced that it will hold a presentation of new products next week – the third since the beginning of 2020. According to the company’s website, the event will be broadcast from the head office in California on Tuesday, November 10. The company announces the event with the words “One More Thing”. This phrase, […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Ukraine losts $900 m

Along of  goods transit blockade by Russia, and also its trade aggression, Ukraine in 2016 will lose about $900 million Natalya Mikolskaya, the deputy Minister of economic development, the sales representative of Ukraine  declares that  losses of Ukraine owing to trade aggression of Russia will have constituted $900 million until the end of the year. […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Eli Lilly and Regeneron have requested the permission for the emergency use of drugs from COVID-19

Eli Lilly and Regeneron have applied to the Food and Drug Administration (FDA) for the permission to use emergency coronavirus drugs. Eli Lilly conducted clinical trials with the placebo group, as a result of which the drug has proven its antiviral action. Regeneron did not provide the research data, but the company’s drug was widely […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

Business results of the week from the LDaily

Nationalization of PrivatBank, lawsuits against Apple, and the most interesting           ideas from leading industry executives. Only that is really worth your attention    1. Privat is no longer private On December 18 at 23:30 p.m. it was  posted the information on the site of the Governmental portal of Ukraine  that […]

Next
Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce
News

“Oschadbank” wants to charge back $ 100 million to the concern “Stirol”

The state bank “Oschadbank” plans  to recover in court more than $ 100 million from the largest producer of mineral fertilizers in Ukraine – “Stirol” concern. It is reported by UNIAN with reference to the Unified State Register of court decisions. The question is about $ 100 million debt of the concern, that is the […]

Next
WP2Social Auto Publish Powered By : XYZScripts.com