Learn about what marital property is and how it is distributed during a divorce, and discover how property rights are decided in the New York court system. The court held that decedent had sufficient contacts with New York and the court would follow direction in the will to apply New York law.A prenuptial agreement is useless unless the exempt assets are kept separate from the marital assets. What Proof Will I Need to Validate My Foreign Divorce in New York? 1. The prenuptial agreement must be executed with the same formality as a recorded deed pursuant to Domestic Relations Law § 236(B)(3). The basic premise in New. York is that we will enforce the foreign agreement if it would be binding where it was executed. a. New York will generally recognize a foreign divorce decree granted to a spouse living outofstate as a matter of courtesy. In the United States, different states follow distinct legal frameworks for dividing marital property. A weekday newsletter to keep you up on New York.