Bill Text: NY S07142 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the proof of acknowledgment of the agreement of the parties in an action or proceeding.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-10 - referred to judiciary [S07142 Detail]

Download: New_York-2013-S07142-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7142
                                   I N  S E N A T E
                                    April 30, 2014
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary
       AN  ACT to amend the domestic relations law, in relation to the proof of
         acknowledgment of the  agreement  of  the  parties  in  an  action  or
         proceeding
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of part B of  section  236  of  the  domestic
    2  relations law, as amended by chapter 595 of the laws of 2003, is amended
    3  to read as follows:
    4    3.  Agreement of the parties. An agreement by the parties, made before
    5  or during the marriage, shall be valid and enforceable in a  matrimonial
    6  action  if  such agreement is in writing, subscribed by the parties, and
    7  acknowledged or proven in the manner required to entitle a  deed  to  be
    8  recorded. HOWEVER, WHERE THERE IS A WRITTEN CERTIFICATION OF ACKNOWLEDG-
    9  MENT  THAT  IS  DEFECTIVE  IN  FORM,  AND SIGNING OF THE DOCUMENT BY THE
   10  PARTIES AND THE PARTIES' ACKNOWLEDGMENT ARE PROVEN, THE COURT MAY IGNORE
   11  DEFECTS AS TO THE FORM OF THE ACKNOWLEDGMENT. Notwithstanding any  other
   12  provision of law, an acknowledgment of an agreement made before marriage
   13  may  be  executed  before  any person authorized to solemnize a marriage
   14  pursuant to subdivisions one, two and three of section  eleven  of  this
   15  chapter.  Such  an agreement may include (1) a contract to make a testa-
   16  mentary provision of any kind, or a waiver of any right to elect against
   17  the provisions of a will; (2) provision for the ownership,  division  or
   18  distribution  of  separate  and  marital property; (3) provision for the
   19  amount and duration of maintenance or other terms and conditions of  the
   20  marriage relationship, subject to the provisions of section 5-311 of the
   21  general  obligations  law,  and  provided  that such terms were fair and
   22  reasonable at the time of the making of the agreement and are not uncon-
   23  scionable at the time of entry of final judgment; and (4) provision  for
   24  the  custody,  care,  education  and  maintenance  of  any  child of the
   25  parties, subject to the provisions of section two hundred forty of  this
   26  article.  Nothing  in  this  subdivision  shall  be deemed to affect the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13642-01-4
       S. 7142                             2
    1  validity of any agreement made prior  to  the  effective  date  of  this
    2  subdivision.
    3    S 2. This act shall take effect immediately.