Newsday.com – New York’s top court is set to decide whether a marriage contract under French law governs the property settlement of a New York couple who divorced 38 years later.
Claire Van Kipnis says the “equitable distribution” generally required by New York divorce law should apply. There are about $6 million dollars at stake.
Her attorney argues that the 1965 contract made in Paris under French Civil Code only established separate ownership assets to protect the couple from each other’s debts and doesn’t provide a waiver from divorce.
Gregory Van Kipnis says the lower courts were right, that the marriage contract serves as a prenuptial agreement, setting the divorce terms, it is said that the court will take the decision in December.