Bar: NY Family Law
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Marriage- definition, elements, and distinction from other contracts
Civil contract between a man and a woman
- - consent, consideration, and rights and obligations that flow from contract
distinction: only contract whose termination REQUIRES intervention of the state (divorce)
Two types of marriage. Which does NY grant? How can NY recognize the other?
Ceremonial and common law. NY only grants ceremonial marriage, but recognizes valid common law marriage from another state under Full Faith and Credit clause
Two requirements for ceremonial marriage:
- 1) obtain a license
- 2) solemnization
Marriage license requirements- age restrictions
- -over 18: no other consent
- - under 14: forbidden
- - b/w 14-16: judicial consent and parental consent
- - 16-18: parental consent (so over 16, or includes 16?)
Other than age, two additional license requirements
- 1. waiting period- 24 hours; license is good after 24 hours and until 60 days (must solemnize within 60 days)
- 2. medical testing- Af-Ams must test for sickle cell anemia, unless prohibited by their religion
Four grounds for clerk to deny marriage license
- 1. Married to someone else
- 2. Parties too closely related as defined by statue; first cousins and those related by adoption CAN marry
- 2. Sham (i.e. immigration cases)
- 3. Incapable of understanding the act
Same sex marriage statute and full faith and credit of same sex marriage in other states
- - Marriage Equality Act
- - other states are not required to give full faith and credit to same sex marriage
Civil union- definition and ffc
Contracted relationship that gives many of the rights of a marriage, but cannot obtain a divorce from a civil union because it is not a marriage, it is an alternative to a marriage.
Solemnization requires :
- -One witness
- -someone to perform the marriage (i-e. judge, clergy, etc)
common - law marriage
- not allowed to occur w/n the state' but WII provide full faith and credit to the common -law marriage of another state
- key difference b/w common -law marriage & ceremonial marriage is that 1) license and 2) solemnization are both required for ceremonial marriage
TRUE / FALSE .Marvin arrangements are legal in NY and definition.
- consensual contracts b/w two unmarried people involving an exchange of sex for housing, or activity holding each other out as a married couple
heart balm actions invalid, but recovery for:
- deceit arising from factual misrepresentation relating to a party’s capacity to marry or the legitimacy of the ceremony are permissible.
- -To sustain a claim of fraudulent misrepresentation of the legitimacy of the ceremony, the misrepresentation must have induced cohabitation based on the reliance. If the parties cohabited prior to marriage, recovery is barred.
- -engagement rings or other gifts made in contemplation of the marriage .
three ways to end marriage
annulment-Validation and voidability
- annulment is valid as of the date of the annulment decree; marriage is valid until then
- -can be based on either avoid Marriage or a voidable marriage
void vs. voidable marriage- definitions and distinctions
- void- never should have taken place because:
- - one of the parties is incarcerated serving a life sentence
jurisdiction: 14 and 15 year olds (and some 13 year olds) may be tried in criminal court if commit serious violent felony (includes assault)
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