Matisoff v. Dobi

I respectfully dissent and vote to affirm the judgment of the IAS Court.

The issue raised in this appeal is whether an agreement, entered into by the parties during their marriage concerning the division of their property, which did not comply with the formalities of Domestic Relations Law § 236 (B) (3), is valid and enforceable.

The parties entered into the subject agreement (the "Agreement”) on May 13, 1981, one month after they were married. The Agreement provided that the husband and wife each waive any rights accrued during the marriage "with respect to previously and after acquired…