Reconciliation and Settlement

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.

The reconciliation of a married couple, however, can render their separation agreement void. Matter of Estate of Whitefor , 35 A.D.2d 751 (3rd Dept. 1970). Historically, “articles of separation between husband and wife ' although valid when made, are rendered void by resumption by them of their conjugal relation.” Zimmer v. Settle, 124 N.Y. 37 (1891). It was not entirely clear at that time what was essential to reconciliation, as it did not depend upon “any particular degree of reciprocal affection or esteem” between husband and wife and it might arise from “appreciation and observance by them of their marital duty to each other.” Id.