1. Matters that Precede Marriage and Getting Married

Question 1

If unmarried cohabitants enter into an agreement or contract:

Answer 1

1. NY will enforce their contracts.
2. Contract is not enforceable if any part of the consideration is sex
3. NY will not imply a contract

Question 2

What is an antenuptial agreement?

Answer 2

A contract between an engaged couple

Question 3

What limits are there on the scope of antenuptial agreements?

Answer 3

None

Question 4

What issues can the spouse seeking to invalidate an antenuptial agreement make?

Answer 4

1. Fraud
2. Duress (Generally, a threat to call off a wedding is not duress)
3. Unconscionability

Question 5

Three things to look for when considering whether an antenuptial agreement was unconscionable

Answer 5

1. Disclosure of assets by the parties in the contract.
2. Whether both parties were represented by counsel.
3. Whether one of them was unsophisticated, and did not appreciate the signing of the agreement.

Question 6

Requirements of an antenuptial agreement:

Answer 6

1. The agreement has to have been in writing and signed by both parties
2. They must have gotten married

Question 7

Legal label of a child born to an unmarried woman:

Answer 7

Non-marital child

Question 8

How the law treats Non-marital children:

Answer 8

The same as children of married couples

Question 9

A lawsuit to establish paternity in NY:

Answer 9

Filiation proceeding

Question 10

Filiation litigation can be commenced by:

Answer 10

The mother,
The child,
The State of New York
The father, if the mother is refusing to accept the fact that he is the father

Question 11

When must a filiation proceeding be filed by?

Answer 11

The child’s 21st birthday

Question 12

What effect does it have if a man represents himself as the child’s father?

Answer 12

In NY, even if DNA proves otherwise, if a man represents himself as the child’s father, he can be equitably estopped from denying paternity if the child has justifiably and detrimentally relied on his representations.

Question 13

What effect does it have if a mother has acquiesced in the development of a parent-child relationship with another man

Answer 13

She can be equitably estopped from claiming paternity of the real father.

Question 14

Ways to get married in New York

Answer 14

Have a ceremonial marriage

Question 15

Requirements for a ceremonial Marriage:

Answer 15

1. You need a marriage license (this proves marital capacity)
2. A ceremony (a solemnization) - A solemn declaration before an officiant and a witness
3. A solemn declaration - You have to say or do something that signifies that you understand you are taking on your new responsibilities.

Question 16

What is NY’s position on common law marriage?

Answer 16

Common law marriage does not exist in New York, however it does recognize common law marriages recognized by other states