senate Bill S7142

2013-2014 Legislative Session

Relates to the proof of acknowledgment of the agreement of the parties in an action or proceeding

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to judiciary
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.524
Apr 30, 2014 referred to judiciary

S7142 - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง236, Dom Rel L

S7142 - Summary

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

S7142 - Sponsor Memo

S7142 - Bill Text download pdf

                    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:

  Section 1. Subdivision 3 of part B of  section  236  of  the  domestic
relations law, as amended by chapter 595 of the laws of 2003, is amended
to read as follows:
  3.  Agreement of the parties. An agreement by the parties, made before
or during the marriage, shall be valid and enforceable in a  matrimonial
action  if  such agreement is in writing, subscribed by the parties, and
acknowledged or proven in the manner required to entitle a  deed  to  be
recorded. HOWEVER, WHERE THERE IS A WRITTEN CERTIFICATION OF ACKNOWLEDG-
MENT  THAT  IS  DEFECTIVE  IN  FORM,  AND SIGNING OF THE DOCUMENT BY THE
PARTIES AND THE PARTIES' ACKNOWLEDGMENT ARE PROVEN, THE COURT MAY IGNORE
DEFECTS AS TO THE FORM OF THE ACKNOWLEDGMENT. Notwithstanding any  other
provision of law, an acknowledgment of an agreement made before marriage
may  be  executed  before  any person authorized to solemnize a marriage
pursuant to subdivisions one, two and three of section  eleven  of  this
chapter.  Such  an agreement may include (1) a contract to make a testa-
mentary provision of any kind, or a waiver of any right to elect against
the provisions of a will; (2) provision for the ownership,  division  or
distribution  of  separate  and  marital property; (3) provision for the
amount and duration of maintenance or other terms and conditions of  the
marriage relationship, subject to the provisions of section 5-311 of the
general  obligations  law,  and  provided  that such terms were fair and
reasonable at the time of the making of the agreement and are not uncon-
scionable at the time of entry of final judgment; and (4) provision  for
the  custody,  care,  education  and  maintenance  of  any  child of the
parties, subject to the provisions of section two hundred forty of  this
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.

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