What is an affirmation under CPLR 2106?
An affirmation is a signed statement that the signer affirms to be true under the penalties of perjury, without swearing to it before a notary. An affidavit, by contrast, is sworn before a notary or another officer authorized to administer oaths. Under CPLR 2106, the affirmation of “any person wherever made” may be used in a New York action “in lieu of and with the same force and effect as” an affidavit.
No notary, witness, lawyer or judge needs to be present. The signer completes the statutory affirmation language, dates it and signs it.
How the rule has changed since 2024
| When | What changed |
|---|---|
| Before January 1, 2024 | Affirmations were generally limited to New York attorneys and licensed health care practitioners who were not parties to the case, and to people physically outside the United States. |
| January 1, 2024 (Ch. 559, L. 2023) | Any person, wherever the statement is made, may use an affirmation in place of an affidavit. |
| December 21, 2024 (Ch. 665, L. 2024) | CPLR 3020(a) was amended so that a verification of a pleading is a statement affirmed under CPLR 2106. The court system then revised its uncontested divorce verified complaint form. |
| November 21, 2025 (Ch. 564, L. 2025, effective immediately) | CPLR 2106 now lists certificates, responses to notices to admit, answers to interrogatories, verifications of pleadings, bills of particulars and “any other sworn statement.” It excludes depositions, oaths of office and oaths required before a specified person other than a notary, updates the required wording, and adds a carve-out for matrimonial agreements. |
| January 1, 2026 | The court system revised its Statement of Net Worth form to replace the notary block with the CPLR 2106 affirmation language, and updated the affirmation language in its Short Form Financial Statement. |
As of October 2026, the official text of the rule reflects no later amendment.
What wording does a CPLR 2106 affirmation need?
The affirmation must be “in substantially the following form.” Since the 2025 amendment, the form begins: “I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true…”
It continues with an exception for matters stated on information and belief, which the signer must believe to be true, and a statement that the signer understands the document may be filed in an action or proceeding in a court of law. The signature follows. Copy the full current text from the statute rather than an older template; a shorthand such as “I am subject to the penalty of perjury” does not track the statutory form.
Where affirmations can be used in a New York divorce
The verified complaint and other pleadings
A divorce starts with a summons with notice or a summons and verified complaint. DRL § 211 requires all pleadings in a matrimonial action to be verified, except that an answer or reply to a charge of adultery need not be (a counterclaim in that answer must be). Verification can now be done by affirmation: CPLR 3020(a) defines a verification as a statement affirmed under CPLR 2106, and CPLR 2106 itself lists “a verification of a pleading.”
Proof of service
When someone other than a sheriff or other public officer serves the papers, proof of service is made by affidavit (CPLR 306(d)). That affidavit of service can be signed as an affirmation instead.
Financial disclosure
When maintenance or support is at issue, each spouse must provide a sworn statement of net worth (DRL § 236(B)(4)(a)). The court’s current Statement of Net Worth form uses the CPLR 2106 affirmation in place of a notary block, as the court system’s matrimonial updates page explains.
Other sworn statements
The plaintiff’s and defendant’s affidavits used in an uncontested divorce, and the sworn statement about removing barriers to remarriage that DRL § 253 requires in many cases, are sworn statements the amended rule covers. For background on that requirement, see our article on New York’s Get law, and for the full set of papers, our uncontested divorce guide.
What still needs a notary?
Prenups, postnups, and separation and settlement agreements
An agreement made before or during the marriage is enforceable in a divorce only if it is in writing, signed, and “acknowledged or proven in the manner required to entitle a deed to be recorded” (DRL § 236(B)(3)). The 2025 amendment added CPLR 2106(b), which says nothing in the rule eliminates the Domestic Relations Law requirement that matrimonial agreements be acknowledged in the form of a deed. In practice, that means signing before a notary public or another officer authorized to take acknowledgments; for a prenup, a person authorized to perform the marriage may also take the acknowledgment.
Without a proper acknowledgment, the agreement can fail. The Court of Appeals held an unacknowledged postnuptial agreement unenforceable in Matisoff v. Dobi, 90 N.Y.2d 127 (1997), and refused to enforce a prenup whose acknowledgment certificate omitted language confirming the signer’s identity in Galetta v. Galetta, 21 N.Y.3d 186 (2013). A separation agreement used as the ground for divorce under DRL § 170(6) must likewise be signed and acknowledged. See our guides to prenuptial agreements and postnuptial agreements.
Depositions and certain oaths
CPLR 2106 does not apply to testimony in a deposition, an oath of office, or an oath the law requires to be taken before a specified person other than a notary.
Documents used outside a New York court case
The rule covers statements used “in an action in New York.” Other documents follow their own rules. For example, a deed transferring the marital home must be acknowledged to be recorded (Real Property Law § 291), and banks, retirement plan administrators, other states and other countries may set their own signing requirements.
Practical takeaways
- Use the current statutory wording in every affirmation; older templates may still carry the pre-2025 form or a notary block.
- Spouses in different states or countries can sign affirmations where they are, which can simplify an uncontested case.
- Plan for a notary when signing a settlement agreement, prenup or postnup, and check the acknowledgment certificate before the signing ends.
- An affirmation is no less serious than an affidavit: the signer attests to the facts under the penalties of perjury.
Frequently Asked Questions
Do I still need a notary for New York divorce papers?
For most court papers, no. Under CPLR 2106, a person can sign an affirmation under penalty of perjury instead of a notarized affidavit, including verified pleadings, affidavits of service and the sworn statement of net worth. The main exception is a matrimonial agreement, such as a settlement agreement, prenup or postnup, which must still be acknowledged before a notary or another authorized officer to be enforceable.
Can a prenup, postnup or settlement agreement be signed with an affirmation instead of a notary?
No. Under DRL § 236(B)(3), an agreement made before or during the marriage is enforceable in a divorce only if it is in writing, signed and acknowledged in the form required to record a deed. CPLR 2106(b) states that the affirmation rule does not eliminate that requirement. New York’s highest court has refused to enforce agreements that lacked a proper acknowledgment.
Who can sign an affirmation under CPLR 2106?
Since January 1, 2024, any person may sign one, wherever the statement is made, including a spouse living in another state or country. Before then, the option was mainly limited to attorneys and licensed health care practitioners who were not parties, and to people outside the United States. An affirmation cannot be used for a deposition, an oath of office, or an oath that must be taken before a specified person other than a notary.
Can a verified divorce complaint be signed with an affirmation?
Yes. DRL § 211 requires pleadings in a matrimonial action to be verified, with a narrow exception for answers to adultery charges. Since December 2024, CPLR 3020(a) has defined a verification as a statement affirmed under CPLR 2106, and the November 2025 amendment to CPLR 2106 expressly lists a verification of a pleading. The court’s uncontested divorce verified complaint form was revised to match.
What wording does a CPLR 2106 affirmation need?
It must be in substantially the form the rule sets out. The signer affirms, on a stated date and under the penalties of perjury under New York law, which may include a fine or imprisonment, that the document is true, except for matters stated on information and belief, which the signer believes to be true. The signer also states an understanding that the document may be filed in court.
Neuhaus & Yacoob prepares divorce papers and matrimonial agreements with these signing rules in mind, and Joel Yacoob personally handles each matter. See our uncontested divorce and prenuptial agreement pages, or start your case online.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. The law changes and every situation is different; consult a lawyer about your own circumstances.
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