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Analytical Criteria Re: the Validity of a Stipulation Explained

In affirming the validity of a stipulation related to a divorce, the Second Department explained the relevant analysis, including the concept of ratification of the agreement by accepting its benefits:

” Stipulations of settlement are favored by the courts and are not lightly set aside'” … . A stipulation of settlement is an independent contract binding on the parties unless impeached or challenged for some cause recognized by law … . “Judicial review is to be exercised sparingly, with a goal of encouraging parties to settle their differences on their own” … . ” [A] stipulation of settlement which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability'” … .

Here, the defendant established her prima facie entitlement to judgment as a matter of law by submitting, inter alia, the Stipulation, which contained an express representation that it was not a product of fraud or duress and which awarded the plaintiff meaningful benefits, as well as her affidavit wherein she averred that the parties’ attorneys were engaged in negotiations for months regarding the distribution of marital assets … . Furthermore, the defendant established that the plaintiff ratified the Stipulation and waived his claim to set aside the Stipulation by accepting the benefits of the Stipulation for a significant period of time … . Sabowitz v Sabowitz, 2014 NY Slip Op 08624, 2nd Dept 12-10-14

 

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