Preceding Marriage and Process of Marriage Flashcards
Issues for unmarried cohabitants (2 issues)
- Enforceability of Ks b/t unmarried cohabitants re break-up: K for one to pay the other presumptively valid IF THE CONSIDERATION IS OTHER THAN SEX
- NY will NEVER IMPLY A K b/t unmarried cohabitants
Pre-marital agreement: 1. Limits on subject matter? 2. Validity of agreement challenged upon divorce: what do you talk about in analysis (4 steps)
- Limitless;
- A. Formalities (in writing, signed by both parties)
B. K freely made (no duress)
C. K fair and reasonable when executed
D. K not unconscionable at time of divorce
- What are rights available to a NONMARITAL CHILD?
2. Proceeding to determine father is called? Brought by? When filed?
- Same rights as marital children.
2. FILIATION PROCEEDING brought by Mom, child, or state of NY. Filed before 21st birthday
4 points re filiation proceeding and level of proof
- If DNA evidence excludes D as the Daddy, that ends the case. If DNA shows 95% likelihood of fatherhood, burden on D to disprove.
- Clear and convincing evidence required to prove fatherhood
- Mother’s testimony of sex doesn’t require corroboration
- D’s evidence of Mom’s sex with other men, that reqs corroboration
Paternity by estoppel means?
A man who’s erroneously represented himself as the father can be precluded from denying paternity IF THE CHILD HAS JUSTIFIABLY RELIED ON REP OF PATERNITY TO THE CHILD’S DETRIMENT.
To get married in NY requirements (2)?
- Must get license to get married;
- Must have ceremony with (A) OFFICIANT; (B) Witness (non-officiant); (C) Solemn declaration (that you are H&W), though no particular words required
Common law marriage in NY?
No. If a couple enters into common law marriage in one of the 10 states where it’s permitted, it’ll be honored as a marriage in NY.
Gay marriage in NY?
Yes, allowed.
