NYLE: Matrimonial-Family 2025/2026
Exam Questions with 100% Correct
Answers | Latest Update
Common Law Marriage
Does NY have it? - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔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
court scrutiny - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔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? - 🧠 ANSWER ✔✔no presumption of equal division; courts
use 14 factors
Define marital property - 🧠 ANSWER ✔✔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
Exam Questions with 100% Correct
Answers | Latest Update
Common Law Marriage
Does NY have it? - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔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
court scrutiny - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔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? - 🧠 ANSWER ✔✔no presumption of equal division; courts
use 14 factors
Define marital property - 🧠 ANSWER ✔✔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
