NYLE - Matrimonial and Family UPDATED
ACTUAL Exam Questions and CORRECT
Answers
Getting Married: Same sex, void and voidable marriages and recognition of common-law
marriage: DRL §§ 5, 6, 15, 15-a - CORRECT ANSWER - A marriage that is otherwise
valid is valid regardless of whether the parties to the marriage are of the same or different sex
(DRL § 10-a). New York defines and declares void "incestuous" and "bigamous" marriages
(DRL §§ 5, 6). Marriages in which either party is under the age of 17 are prohibited (DRL 15-a),
and a person who is between the age of 17 and 18 may obtain a marriage license with the written
consent of the parents and the written approval of a Supreme Court justice or judge of the Family
Court (DRL 15). Marriages where either party lacks mental capacity or physical capacity, or
consents to marriage due to force, duress or fraud, are also voidable (DRL § 7).
New York does not permit common-law marriages; however, as a matter of comity, it will
recognize out-of-state marriages (domestic and foreign) and common-law marriages if validly
entered under the laws of another state (Mott v Duncan Petroleum Trans., 51 NY2d 289 [1980]).
There are two categories of exception: (1) marriages prohibited by positive law in New York, and
(2) marriages involving incest or polygamy (Martinez v Cty. of Monroe, 50 AD3d 189, 191-92
(4th Dept [2008]). Once a marriage is recognized as valid in New York, it is valid in all respects
and is terminated only by annulment, divorce or death.
Getting Married: Pre-nuptial and post-nuptial contracts: DRL 236 (B) (3); GOL § 5-701 (a) (3) -
CORRECT ANSWER - Agreements made before the marriage (prenuptial) or during the
marriage (post-nuptial or separation) are valid and enforceable provided they are:
• In writing;
• Subscribed by both parties; and
• Acknowledged or proven in the manner required to entitle a deed to be recorded
(DRL 236 [B] [3]; see Galetta v Galetta, 21 NY3d 186 [2013]).
Matrimonial Actions: Separation agreements: DRL 236 (B) (3) - CORRECT ANSWER -
Separation agreements, prenuptial contracts, post-nuptial contracts, and stipulations of settlement
in an action determine the rights and obligations of each party to the other party under the
, Domestic Relations Law. Such agreements complying with DRL 236 (B) (3) are valid and
enforceable in the same manner as an ordinary contract. Such agreements may include
provisions:
• Making a testamentary gift of any kind or waiver of the right of election,
• Dividing separate and marital property,
• Setting the amount and duration of maintenance, and
• Relating to the custody, care, education and support of any child of the parties.
Based on the fiduciary relationship between husband and wife, such agreements are more closely
scrutinized by the courts than ordinary contracts. Courts will, however, exercise their review
authority sparingly, and will set aside an agreement only upon a showing of unconscionability or
where the agreement is "manifestly unfair to a spouse because of the other's overreaching"
(Christian v Christian, 42 NY2d 63, 72 [1977]).
Matrimonial Actions: Grounds: DRL 170 - CORRECT ANSWER - A spouse seeking
divorce in New York may do so under a number of statutory grounds (see DRL 170 [1] - [7])
including the "no-fault" ground of "irretrievable breakdown of the marriage" (DRL 170 [7]). To
establish this ground, one spouse need only state under oath that the relationship has broken
down irretrievably for a period of at least six months prior to the commencement of an action
(DRL
170 [7]). Before a divorce may be granted based on this ground, all economic issues of equitable
distribution, the payment or waiver of spousal support, the payment of attorney's fees, and
custody and visitation, must be resolved between the parties or determined by the court (id.).
Matrimonial Actions: Personal jurisdiction: CPLR 302 (b) - CORRECT ANSWER - New
York's long-arm statute permits exercise of personal jurisdiction over a non- resident defendant
in any matrimonial action involving a demand for economic relief, including equitable
distribution of marital property (CPLR 302 [b]). The plaintiff must be a resident or domiciliary
of New York and one of the following must be met:
• New York was the matrimonial domicile of the parties before their separation,
• The defendant abandoned the plaintiff in
New York, or
• The claim for economic relief accrued under New York law.
ACTUAL Exam Questions and CORRECT
Answers
Getting Married: Same sex, void and voidable marriages and recognition of common-law
marriage: DRL §§ 5, 6, 15, 15-a - CORRECT ANSWER - A marriage that is otherwise
valid is valid regardless of whether the parties to the marriage are of the same or different sex
(DRL § 10-a). New York defines and declares void "incestuous" and "bigamous" marriages
(DRL §§ 5, 6). Marriages in which either party is under the age of 17 are prohibited (DRL 15-a),
and a person who is between the age of 17 and 18 may obtain a marriage license with the written
consent of the parents and the written approval of a Supreme Court justice or judge of the Family
Court (DRL 15). Marriages where either party lacks mental capacity or physical capacity, or
consents to marriage due to force, duress or fraud, are also voidable (DRL § 7).
New York does not permit common-law marriages; however, as a matter of comity, it will
recognize out-of-state marriages (domestic and foreign) and common-law marriages if validly
entered under the laws of another state (Mott v Duncan Petroleum Trans., 51 NY2d 289 [1980]).
There are two categories of exception: (1) marriages prohibited by positive law in New York, and
(2) marriages involving incest or polygamy (Martinez v Cty. of Monroe, 50 AD3d 189, 191-92
(4th Dept [2008]). Once a marriage is recognized as valid in New York, it is valid in all respects
and is terminated only by annulment, divorce or death.
Getting Married: Pre-nuptial and post-nuptial contracts: DRL 236 (B) (3); GOL § 5-701 (a) (3) -
CORRECT ANSWER - Agreements made before the marriage (prenuptial) or during the
marriage (post-nuptial or separation) are valid and enforceable provided they are:
• In writing;
• Subscribed by both parties; and
• Acknowledged or proven in the manner required to entitle a deed to be recorded
(DRL 236 [B] [3]; see Galetta v Galetta, 21 NY3d 186 [2013]).
Matrimonial Actions: Separation agreements: DRL 236 (B) (3) - CORRECT ANSWER -
Separation agreements, prenuptial contracts, post-nuptial contracts, and stipulations of settlement
in an action determine the rights and obligations of each party to the other party under the
, Domestic Relations Law. Such agreements complying with DRL 236 (B) (3) are valid and
enforceable in the same manner as an ordinary contract. Such agreements may include
provisions:
• Making a testamentary gift of any kind or waiver of the right of election,
• Dividing separate and marital property,
• Setting the amount and duration of maintenance, and
• Relating to the custody, care, education and support of any child of the parties.
Based on the fiduciary relationship between husband and wife, such agreements are more closely
scrutinized by the courts than ordinary contracts. Courts will, however, exercise their review
authority sparingly, and will set aside an agreement only upon a showing of unconscionability or
where the agreement is "manifestly unfair to a spouse because of the other's overreaching"
(Christian v Christian, 42 NY2d 63, 72 [1977]).
Matrimonial Actions: Grounds: DRL 170 - CORRECT ANSWER - A spouse seeking
divorce in New York may do so under a number of statutory grounds (see DRL 170 [1] - [7])
including the "no-fault" ground of "irretrievable breakdown of the marriage" (DRL 170 [7]). To
establish this ground, one spouse need only state under oath that the relationship has broken
down irretrievably for a period of at least six months prior to the commencement of an action
(DRL
170 [7]). Before a divorce may be granted based on this ground, all economic issues of equitable
distribution, the payment or waiver of spousal support, the payment of attorney's fees, and
custody and visitation, must be resolved between the parties or determined by the court (id.).
Matrimonial Actions: Personal jurisdiction: CPLR 302 (b) - CORRECT ANSWER - New
York's long-arm statute permits exercise of personal jurisdiction over a non- resident defendant
in any matrimonial action involving a demand for economic relief, including equitable
distribution of marital property (CPLR 302 [b]). The plaintiff must be a resident or domiciliary
of New York and one of the following must be met:
• New York was the matrimonial domicile of the parties before their separation,
• The defendant abandoned the plaintiff in
New York, or
• The claim for economic relief accrued under New York law.
