antinuptial contracts ny doman attorneys

Antenuptial contracts

Choose the right matrimonial property system for your marriage.

What choices are there?

  • marriage in community of property
  • marriage out of community of property with the exclusion of the accrual system
  • marriage out of community of property subject to the accrual system


Accrual System

Not fully and strictly in accordance with the act, but in broad terms, the accrual system involves the following:

  1. That the net value of the estates of both spouses as at the commencement of the marriage are declared in the antenuptial contract.
  2. At the dissolution of the marriage (by divorce or death) the spouse whose estate shows no accrual or a smaller accrual than the estate of the other spouse, acquires a claim against the other spouse's estate for an amount equal to half of the difference between the accrual of the respective estates of the spouses.
  3. The net values of the estates of the spouses at the commencement of the marriage are adjusted in accordance with the consumer price index for the purpose of calculating the accrual, to make provision for inflation.
  4. There are certain exceptions which do not form part of the accrual of the estate of a spouse, and which will not be taken into account to determine the accrual, like an amount for damages (other than damages for patrimonial loss) inheritance, legacy, donation etc.
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