Is it possible to specify ina marriagecontract that in the case of divorce, property will be separated accordingto whom itis titled to?

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Is it possible to specify ina marriagecontract that in the case of divorce, property will be separated accordingto whom itis titled to?

In other words, if the house is purchased after the marriage and is registered to the wife, it will stay with her 100% after divorce. Is it possible to make a contract like that (the contract is to be signed before marriage)?

Asked on January 30, 2012 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is called a pre-nuptial agreement and as long as there is no illegal (read counter to public policy) provisions in the contract, it should hold up. Of course, keep in mind that in many states, the slightest thing could cause the challenging party to challenge the pre-nuptial so you would want to make sure you talk to a licensed divorce attorney or family law attorney in your state who is heavily experienced with pre-nuptial and anti-nuptial agreements. Certain language may need to be placed in the agreement to ensure it meets specific statutory provisions.


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