A. Getting Married

Question 1

What type of marriages are valid?*

Answer 1

Same sex marriages

Different sex marriages

Parties over 18 years of age

Parties between 17-18 years of age

1) Parties’ parents’ written consent required
2) Supreme Court justice/Family Court judge’s written approval required

Question 2

What type of marriages are void (NOT marriages)?*

Answer 2

Incestuous marriage
- Marriage between relatives

Bigamous marriage
- Marriage to more than one person

Parties below 17 years of age

Question 3

What type of marriages are voidable?*

Answer 3

Parties lack mental/physical capacity

Parties consent to marriage due to force/duress/fraud

Question 4

What type of marriages could be valid?*

Answer 4

Out-of-state marriages (domestic/foreign)
- Must be validly entered under laws of another state

Common-law marriages
- Must be validly entered under laws of another state

NOT marriages prohibited by positive law in NY

NOT marriages involving incest/polygamy

Question 5

How may marriages be terminated?*

Answer 5

Annulment

Divorce

Death

Question 6

What is required for validity of;

• Prenuptial agreements (before marriage)
• Post-nuptial/separation agreements (during marriage)?*

Answer 6

1) In writing!!!
2) Subscribed by BOTH parties!!!
3) Acknowledged/Proven in manner required to entitle deed to be recorded!!!