Establishes a public policy that no antenuptial agreement shall become binding for 30 days during which period either party thereto may unilaterally withdraw therefrom upon written notice served personally upon the other person; also requires that such agreements be in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded, and contain the addresses of the parties at which notice of withdrawal may be served.
STATE OF NEW YORK
________________________________________________________________________
924
2009-2010 Regular Sessions
IN SENATE
January 21, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law and the domestic relations
law, in relation to establishing the public policy of the state that
no antenuptial agreement become binding for thirty days during which
period either party may withdraw upon written notice to the other and
requiring such agreements to be in writing and acknowledged
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declaration of intent. The legis-
2 lature finds that important rights may be surrendered by contracts made
3 between persons in contemplation of marriage and declares that public
4 policy requires that such rights not be surrendered precipitously and
5 without a period of time during which the parties may contemplate the
6 consequences of their intended agreement, consult an attorney for
7 advice, if necessary, and withdraw unilaterally if that be the determi-
8 nation upon reflection. Such waivers of important rights should be
9 entered into knowingly and consciously. Moreover, all such agreements
10 should be in writing, subscribed by both parties, and acknowledged or
11 proven pursuant to requisite formalities, to reflect the importance of
12 the undertaking. Accordingly, the legislature declares this act to
13 reflect the public policy of this state and to be necessary in the
14 public interest.
15 § 2. Section 3-303 of the general obligations law is amended to read
16 as follows:
17 § 3-303. Contracts in contemplation of marriage; antenuptial agree-
18 ments. 1. [A] Except as provided in this section, a contract made
19 between persons in contemplation of marriage, remains in full force
20 after the marriage takes place.
21 2. As used in this section, an "antenuptial agreement" is a contract
22 between two persons who are prospective spouses, which is made in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06550-01-9
S. 924 2
1 contemplation of marriage and which provides, among other things, for
2 the property, support, inheritance and custodial rights of the parties
3 in the event of subsequent disputes between them.
4 3. Subject to the provisions of subdivision four of this section, an
5 antenuptial agreement, in order to be binding, valid and enforceable,
6 must be in writing, must be subscribed by both parties, must be acknowl-
7 edged or proven in the manner required to entitle a deed to be recorded,
8 and must contain the address where the notice described in subdivision
9 four of this section is authorized to be served, of each party that
10 executes it. Nothing in this subdivision shall be deemed to affect the
11 validity of any agreement made prior to the effective date of this
12 subdivision.
13 4. No antenuptial agreement shall be binding, valid or enforceable for
14 a period of thirty days after its acknowledgment by the last party to
15 acknowledge it. During the pendency of the period subsequent to
16 execution but prior to acknowledgment by the last party to acknowledge
17 it, and during the pendency of this thirty day period after its acknowl-
18 edgment by the last party to acknowledge it, such agreement shall remain
19 incipient and executory only, and either party to the agreement may
20 unilaterally withdraw therefrom by written notice served upon the other
21 personally during such period; or by mailing the original of such writ-
22 ten notice to the other party, to the address of such other party stated
23 in the agreement, during such thirty day period by certified mail,
24 return receipt requested, and by mailing during such thirty day period
25 to such address a copy of the original of such written notice by first-
26 class mail to such other party. Upon such withdrawal effected pursuant
27 to this subdivision, such agreement shall not take effect and shall
28 become null and void. Nothing in this subdivision shall be deemed to
29 affect the validity of any agreement made prior to the effective date of
30 this subdivision.
31 5. Every antenuptial agreement, in order to be binding, valid and
32 enforceable, shall contain a notice of the rights granted by, and of the
33 requirements of, subdivisions three and four of this section. Nothing in
34 this subdivision shall be deemed to affect the validity of any agreement
35 made prior to the effective date of this subdivision.
36 6. Any provision or agreement which in substance waives the rights
37 granted by, or the requirements of, the provisions of this section shall
38 be void as against public policy.
39 § 3. Subdivision 3 of part B of section 236 of the domestic relations
40 law, as amended by chapter 595 of the laws of 2003, is amended to read
41 as follows:
42 3. Agreement of the parties. [An] Subject to the provisions of section
43 3-303 of the general obligations law if executed on or after the effec-
44 tive date of the amendment to this subdivision which added these words,
45 an agreement by the parties, made before or during the marriage, shall
46 be valid and enforceable in a matrimonial action if such agreement is in
47 writing, subscribed by the parties, and acknowledged or proven in the
48 manner required to entitle a deed to be recorded. Notwithstanding any
49 other provision of law, an acknowledgment of an agreement made before
50 marriage may be executed before any person authorized to solemnize a
51 marriage pursuant to subdivisions one, two and three of section eleven
52 of this chapter. Such an agreement may include (1) a contract to make a
53 testamentary provision of any kind, or a waiver of any right to elect
54 against the provisions of a will; (2) provision for the ownership, divi-
55 sion or distribution of separate and marital property; (3) provision for
56 the amount and duration of maintenance or other terms and conditions of
S. 924 3
1 the marriage relationship, subject to the provisions of section 5-311 of
2 the general obligations law, and provided that such terms were fair and
3 reasonable at the time of the making of the agreement and are not uncon-
4 scionable at the time of entry of final judgment; and (4) provision for
5 the custody, care, education and maintenance of any child of the
6 parties, subject to the provisions of section two hundred forty of this
7 article. Nothing in this subdivision shall be deemed to affect the
8 validity of any agreement made prior to the effective date of this
9 subdivision.
10 § 4. This act shall take effect on the ninetieth day after it shall
11 have become a law, and shall apply only to antenuptial agreements, as
12 defined in subdivision 2 of section 3-303 of the general obligations
13 law, as added by section two of this act, which are executed on or after
14 the effective date of this act.
