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.

‘Matter of Koegel’. Irene and William Koegel signed a prenuptial agreement approximately one month before their marriage, wherein they waived all their respective rights of election as surviving spouses in order to benefit their children from previous marriages. The agreement confirmed their knowledge of the “approximate extent and probable value of the estate of the other.” Matter of Koegel, 160 A.D.3d 11, 13 (2d Dept. 2018).