Elliott Scheinberg. Courtesy photo Court of Appeals Settles 'Cured Acknowledgments'; Contemporaneous vs. Simultaneous: Part II
This second part of a two-part article addresses 'Koegel' throughout all judicial levels; unacknowledged agreements remain enforceable in nonmatrimonial actions; methodology of acknowledgment vs. evidence of proper acknowledgment; and evidence of acknowledgment by a subscribing witness.
January 06, 2022 at 11:15 AM
16 minute read
Part I addressed the landmark decision, Anderson v. Anderson, 2021 NY Slip Op 07058 (2021), which addressed two appeals, Anderson v. Anderson, 186 A.D.3d 1000 (4th Dept. 2020), and Matter of Koegel, 160 A.D.3d 11 (2d Dept. 2018), regarding contemporaneous and simultaneous acknowledgments of marital agreements, affirming both appellate courts. It also reviewed: the purpose of the acknowledgment; the requirements of an acknowledgment; and the purpose of the certificate of acknowledgment. Part I also examined Galetta v. Galetta, 21 N.Y.3d 186 (2013), the most recent pronouncement by the Court of Appeals on the issue of acknowledgments and marital agreements.
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