Entries tagged with “rules-of-contact-construction/”

Court Provides a Primer on Pre-Nuptial Agreements and Enforces a 40 Year Old Agreement

Posted by Daniel Clement on July 17, 2007
The Appellate Division in Van Kipnis v. Van Kipnis enforced a pre-nuptial agreement which the parties entered into in France in 1965.  The agreement provided that “Each spouse shall retain ownership and possession of the chattels and real property that he/she may own at this time or may come to own subsequently by any means whatsoever.” Although there is a presumption under New York law that property acquired during the marriage is marital, the Court found that the presumption was overcome by the unambiguous terms of the parties’ agreement and their conduct in keeping their assets separate. As a consequence,... More
Page: 1