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DE GANAY v. DE GANAY

261 A.D.2d 175 (1999)

689 N.Y.S.2d 501

THIERRY DE GANAY, Respondent, v. FRANCES DE GANAY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 11, 1999.

Defendant failed to rebut the presumption of plaintiff's continuing domicile in France (see, Unanue v Unanue, 141 A.D.2d 31, 38-39). There is no dispute that the parties' prenuptial agreement was executed by them in France in 1981. The prenuptial agreement, by its terms, is to be governed by the French "regime" and controlled by French law. France was the matrimonial domicile of the parties from 1981 to 1983. The children have dual...

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