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Argued November 20, 2008; decided December 18, 2008
Van Kipnis v Van Kipnis, 43 AD3d 71, modified.
{**11 NY3d at 575} OPINION OF THE COURT
Graffeo, J.
The principal issue in this matrimonial case is whether the parties' foreign prenuptial agreement precludes the equitable distribution of certain property under New York law. Like the courts below, we conclude that it does.
Plaintiff Claire Van Kipnis (wife) and defendant Gregory Van Kipnis (husband) [*2]were married in Paris, France in 1965. At the time of the parties' marriage, wife was a Canadian citizen from Quebec studying at the Sorbonne and husband was a citizen of the United States, having recently completed college. Prior to the marriage ceremony, wife had a "Contrat de Mariage" drafted under the French Civil Code and arranged for legal counsel to explain the terms of the prenuptial agreement in English to husband. The agreement was executed by the parties on September 30, 1965.
Under the provisions of the Contrat de Mariage, the parties opted out of the community property scheme (the governing custom in France) in favor of a separation of estates regime. In relevant part, the agreement provides:
"The future spouses declare that they are adopting the marital property system of
separation of estates, as established by the French Civil Code.
"Consequently, each spouse shall retain ownership and possession of the chattels and real
property that{**11 NY3d at 576} he/she may own at this time or may come to own
subsequently by any means whatsoever.
"They shall not be liable for each other's debts established before or during the marriage
or encumbering the inheritances and gifts that they receive.
"The wife shall have all the rights and powers over her assets accorded by law to women
married under the separate-estates system without any restriction."
After the wedding, the parties moved to New York where they resided during their 38-year marriage. Husband was employed in finance while wife worked as a professor at Cooper Union and later as a cultural counselor for the Quebec government. Wife was also the primary caretaker of the parties' two children, now emancipated. Throughout their marriage, the parties maintained separate accounts and assets, with the exception of the joint ownership of their two homes

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