Leeds,Morelli & Brown: Legal Blog 

On December 18, 2008, the New York Court of Appeals issued an interesting opinion regarding the impact a foreign prenuptial agreement has under New York divorce law.  The principal issue before the Court was whether the parties’ foreign prenuptial agreement precludes the equitable distribution of certain property under New York law. 

In Kipnis v. Kipnis, the parties were married in Paris, France in 1965.  Prior to entering into marriage, the couple executed, under French Civil Code, a “Contrat de Mariage,” which provided that the couple take separate ownership of assets held in the couple’s respective names during the course of the marriage.  The couple relocated to New York, where they maintained separate accounts, with the exception of two jointly-held properties.  After 38 years of marriage, Mrs. Kipnis filed for divorce, seeking ancillary relief.  Mr. Kipnis’ assets totaled $7 million, while the Mrs. Kipnis’ assets ranged from $700,000 to $800,000.  She contends that all of the parties’ property should be subject to equitable distribution under Domestic Relations Law §265(B)(5).  Read the rest of this entry »