NY BAR REVIEW MATRIMONIAL AND FAMILY LAW 1 Flashcards
marriage recognition?
recognized if took place in other state or country , common law marriage in a jurisdiction that allows it., same sex civil union - before same sex marriage made national by sup court - some states adopted civil union - rights and obligations within the state was celebrated - NY recognized those,
out of state marriage - domestic or foreign - recognition in NY?
celebrated, common law, or same sex civil union.
IF was validly entered under law of other state or country, UNLESS BARRED by positive law - statute re citizen of that state went there to evade marriage restriction - such as minimum age - NY WILL NOT honor the marriage
marriage violates natural law such as?
incest.
polygamy.
NY will NOT honor.
offensive to public policy
what is a common law marriage ?
2 parties begin residing together and holding themselves out as spouses .
10 states which still allow that type of marriage to be entered into.
common law marriage created in NY?
NY does NOT allow
valid common law marriage is what?
valid in state where contracted.
parties must have capacity to contract.
if 1 is still married to someone else - NOT a common law marriage. divorcing first spouse doesn’t automatically create a common law marriage - parties would have to start all over with their INTENT to be married. - NOT just cohabitants.
hold themselves out to the world as SPOUSES.
if keep secret and dont broadcast publicly, NOT a common law marriage.
only then will it be considered as celebrated by a clergyman or public official.
common law marriage termination process?
like any other valid marriage.
by death, divorce, annulment.
family law contract examples
prenuptial.
post nuptial.
what is a prenuptial?
parties enter into an agreement before they get married. define property rights upon dissolution of the marriage. they came into the marriage with some kind of property. dispose of it themselves, rather than it automatically going to the spouse.
what is a postnuptial?
agreement written anytime during the marriage.
one party comes in to property during the marriage, and want to make same provisions.
separation agreement
executed at time parties agree that no longer wish to reside together and settles rights and obligations to each other under domestic relations law re property, support, maintenance, custody, stipulations of settlement
stipulation of settlement v. separation - what is the difference?
settlement - settle an existing action - divorce action has to already be commenced.
separation agreement does NOT need pending divorce action to be commenced.
except some recital paragraphs,they are same docs.
validity of prenuptial and post-nuptial contracts?
domestic relations law - if statutory requirements are NOT met, the agreement will NOT be enforced in a divorced proceeding.
validity of prenuptial and post-nuptial contracts- requirements?
in WRITING, in court on record - bc transcript of agreement becomes the writing.
subsribed by BOTH parties.
acknowledged /proved in matter required of a deed to be recorded- NOT valid marital contract if only notarized!!
deed
person witnessing the signature has to actually know the person whos signing it and person who swore or affirm that they are the ones signing or acknowledging it