A. Getting Married Flashcards

1
Q

What type of marriages are valid?*

A

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

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2
Q

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

A

Incestuous marriage
- Marriage between relatives

Bigamous marriage
- Marriage to more than one person

Parties below 17 years of age

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3
Q

What type of marriages are voidable?*

A

Parties lack mental/physical capacity

Parties consent to marriage due to force/duress/fraud

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4
Q

What type of marriages could be valid?*

A

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

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5
Q

How may marriages be terminated?*

A

Annulment

Divorce

Death

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6
Q

What is required for validity of;

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

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

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