This concluding segment addresses: unacknowledged agreements as being enforceable in other actions; the lack of the nonapplicability of DRL §236B(3) to post judgment agreements; (see E. Scheinberg, Contract Doctrine and Marital Agreements in New York (NYSBA, 2 vols., 4th ed. 2020)); agreements between married parties and fertility clinics.

Unacknowledged agreements remain enforceable in other actions. The prevailing erroneous belief assumes that once an agreement has been disqualified for noncompliance with §236B(3), it remains forever invalid and unenforceable. The contrary is, however, true; such an agreement retains absolute viability and enforceability in nonmatrimonial actions and proceedings, such as surrogate court and other plenary proceedings.

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