NYLE: Matrimonial-Family Exam
Questions and Answers 100% pass
Common Law Marriage
Does NY have it? - ✔✔No, but NY will recognize out of state marriages,
including common law, if
1)validly entered under law of another state
2)not barred by statute, natural law, of where marriage is offensive to
public policy
Three requirements for pre or post-nuptual - ✔✔1) in writing
2) subscribed by both parties
3) acknowledged or proven in the manner required to entitle a deed to be
recorded
Separation Agreement
1
100% Pass Guarantee Katelyn Whitman, All Rights
, court scrutiny - ✔✔more closely scrutinized than an ordinary contract, but
set aside only when there is unconscionably or agreement is "manifestly
unfair to a spouse because of the other's overreaching."
How to establish no fault for NF divorce - ✔✔one party states under oath
that the relationship has broken down irretrievably for a period of at least 6
months prior to commencement of the action
Equitable distribution
presumption? - ✔✔no presumption of equal division; courts use 14 factors
Define marital property - ✔✔property acquired by either or both spouse
during the marriage and before execution of separation agreement or
commencement of matrimonial action. Includes
1) interspousal gifts
2) pension benefits
3)professional practices
--but not earning capacity due to prof license
2
100% Pass Guarantee Katelyn Whitman, All Rights
Questions and Answers 100% pass
Common Law Marriage
Does NY have it? - ✔✔No, but NY will recognize out of state marriages,
including common law, if
1)validly entered under law of another state
2)not barred by statute, natural law, of where marriage is offensive to
public policy
Three requirements for pre or post-nuptual - ✔✔1) in writing
2) subscribed by both parties
3) acknowledged or proven in the manner required to entitle a deed to be
recorded
Separation Agreement
1
100% Pass Guarantee Katelyn Whitman, All Rights
, court scrutiny - ✔✔more closely scrutinized than an ordinary contract, but
set aside only when there is unconscionably or agreement is "manifestly
unfair to a spouse because of the other's overreaching."
How to establish no fault for NF divorce - ✔✔one party states under oath
that the relationship has broken down irretrievably for a period of at least 6
months prior to commencement of the action
Equitable distribution
presumption? - ✔✔no presumption of equal division; courts use 14 factors
Define marital property - ✔✔property acquired by either or both spouse
during the marriage and before execution of separation agreement or
commencement of matrimonial action. Includes
1) interspousal gifts
2) pension benefits
3)professional practices
--but not earning capacity due to prof license
2
100% Pass Guarantee Katelyn Whitman, All Rights
