Elliott Scheinberg. Courtesy photo Court of Appeals Settles 'Cured Acknowledgments'; Contemporaneous vs. Simultaneous: Part I
On Dec. 16, 2021, the Court of Appeals, in 'Anderson v. Anderson' intelligently settled burning questions, which, for nearly 25 years, confounded bench and bar regarding acknowledgments in marital agreements.
January 05, 2022 at 11:15 AM
16 minute read
On Dec. 16, 2021, the Court of Appeals, in Anderson v. Anderson, 2021 NY Slip Op 07058 (2021), a decision by Judge Jenny Rivera, intelligently settled burning questions, which, for nearly 25 years, confounded bench and bar regarding acknowledgments in marital agreements: (1) must a party's signature be "contemporaneously" or "simultaneously" acknowledged; (2) is there an outer time limit; and (3) may an acknowledgment in a pre or postnuptial agreement be cured when both parties complied with the statutory formalities and, due to no fault of either, the language of the acknowledgment does not comply with the statutory formulaic (Real Property Law (RPL) 309-a; see Weinstein v. Weinstein, 36 A.D.3d 797 (2007)) by failing to recite that their identities were either proved to or known by the notaries.
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