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The Matrimonial StrategistLJN NewslettersNewsSections

Reconciliation and Settlement

By John P. Whiteman III

It is not uncommon for a couple to reconcile. The issue is what, if any, impact the couple's reconciliation has on their settlement agreement. The answer is: It depends.

A married couple may enter into a contractual arrangement, including, but not limited to, a separation agreement. “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.” Domestic Relations Law ' 236B(3). New York State, for example, has a “strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements.” In Re Estate of Greiff, 92 N.Y.2d 341 (1998). “Generally, separation agreements which are regular on their face are binding on the parties, unless and until they are put aside.” Christian v. Christian, 42 N.Y.2d 63 (1977). “Judicial review is to be exercised circumspectly, sparingly and with a persisting view to the encouragement of parties settling their own differences in connection with the negotiation of ' settlement provisions.” Id.

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