|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 10, 2014||referred to judiciary|
delivered to assembly
|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|
senate Bill S7142
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7142 - Details
- Current Committee:
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §236, 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
BILL NUMBER:S7142 TITLE OF BILL: 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. The measure would amend subdivision 3 of Part B of section 236 of the Domestic Relations Law so that a notary's inadvertent mistake does not invalidate an otherwise valid written agreement that both parties undisputedly signed. Subdivision (3) currently requires that, in order to be valid, a written agreement made before or during marriage must be "subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded." The provision thus adopts the requirement, set forth in section 291 of the Real Property Law, that each signature must be "duly acknowledged by the person executing the same" or "proved" by use of a subscribing witness. Due to the impracticality of the latter alternative, parties almost invariably opt for the acknowledgment option. A notary public is called, verifies that the individual who is signing in the notary's
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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.