MARRIAGE LICENSE

New York Domestic Relations Law Chapter 14 Article 3 governs the majority of topics related to obtaining a marriage license. Section 10 provides that marriage is recognized by the law as a civil contract. Therefore, the parties entering into this civil contract must be capable under the law.  As we are well aware, once the contract has been established it creates relationship between the parties that is regulated by law. The information provided below is what the New York Legislature requires for a civil contract of marriage recognized by the state.  


OBTAINING THE LICENSE

New York Domestic Relations Law (DRL) section 13 provides that parties that intend to be married must obtain a marriage license from either a county, city or town clerk in New York State. Further, DRL gives authority to the county, town and city clerks of every county, town and city in the state of New York power to issue marriage licenses. Beyond the rules set forth in the DRL, county, town and city clerks have a lot of discretion in determining whether a couple has met the criteria of obtaining a marriage license. 

Under section 15 of the DRL, the clerks must require that a couple do the following to obtain a license:

  • Each person must be 18 or older (or else provide required documentation for ages 16 and 17, i.e.written parental consent)
  • Appear personally before the clerk
  • Sign a sworn statement about thier name, residence and status of any prior marriage
  • Provide original forms of identification required by individual town or city clerk
  • Provide proper documentation regarding prior marriage required by individual town or city clerk
At the time of acquiring a license the clerk must also determine whether or not each person is legally competent to marry.

Under section 5, there are familial restrictions that will render any marriage of the following persons void:
  • Ancestor and descendant
  • Brother and sister (full or half-blood)
  • Uncle and niece
  • Aunt and nephew

LICENSE FORMAT
While each county, town and city clerk has a form prepared, below is an example from the statute(Section 14) that a couple should be prepared to fill out. All license forms must substantially be in this form set out by the statute.

State of New York

County of ....................

City or town of ....................

Know all men by this certificate that any person authorized by law to perform marriage ceremonies within the state of New York to whom this may come, he not knowing any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between ............ of .................... in the county of ............ and state of New York and ............ of .................... in the county of ............ and state of New York and to certify the same to the said parties or either of them under his hand and seal in his ministerial or official capacity and thereupon he is required to return his certificate in the form hereto annexed. The statements endorsed hereon or annexed hereto, by me subscribed, contain a full and true abstract of all of the facts concerning such parties disclosed by their affidavits or verified statements presented to me upon the application for this license. This certificate is to be returned addressed to the undersigned at ...................,

(Street).............................., (City, Town, Village) (State)

In testimony whereof, I have hereunto set my hand and affixed the seal of said town or city at ............ this .................... day of ........... nineteen .., at ....m. Seal.

The form of the certificate annexed to said license and therein referred to shall be as follows:

I, .................... a .........., residing at ........................
in the county of .................... and state of New York do hereby certify that I did on this .................... day of ............ in the year, nineteen ... at ....m, at ............ in the county of ............ and the state of New York, solemnize the rites of matrimony between ............ of .................... in the county of .................... and state of New York, and ............ of .................... in the county of ................................................... and state of New York in the presence of ............ and ............ as witness, and the license therefor is hereto annexed.

Witness my hand ............ in the county of......................... this ...... day of ............, nineteen ...

In the presence of ...............................

There shall be endorsed upon the license or annexed thereto at the end thereof, subscribed by the clerk, an abstract of the facts concerning the parties as disclosed in their affidavits or verified statements at the time of the application for the license made in conformity to the provisions of section fifteen of this chapter.

There shall also be stated upon the license the exact period during which the marriage may be solemnized.


CEREMONY AND RECORDS
Section 12 provides that no particular service is required, whether it be a civil or religious ceremony. but the parties must declare in the presence of the authorized officiant and witnesses that they take each other as husband and wife.

The license obtained by the county, town or city clerk must be delivered to an authorized officiant within 60 days. However, DRL section 13 prohibits a couple from solemnizing the marriage within 24 hours from the issuance of the license, unless it is authorized by a court order.

Within 5 days following the solemnization of the marriage , the signed license by the authorized officiant must be returned to the county, town or city clerk in which the license was issued. Any person or persons who willfully neglects to return the license will be found guilty of a misdemeanor, subject to a fine of no less than $25 and no more than $50.

Under section 20, all original licenses with certificates of marriage, with the exclusion of New York City, will be kept on file by the New York State Department of Health. To obtain a certified copy of your license write a letter to: Certification Unit Vital Records Section New York State Department of Health, P.O. Box 2602, Albany, New York 12220-2602
For those marriages done in New York City, contact the City Clerk at 212-669-2400 or visit www.cityclerk.nyc.gov

WHO CAN SOLEMNIZE A MARRIAGE* (Section 11)
  • a member of the clergy or minister who has been officially ordained
  • the mayor of a city or village;
  • the former mayor, the city clerk or one of the deputy city clerks of a city of more than one million inhabitants;
  • a marriage officer appointed by the town or village board or the city common council;
  • a justice or judge of the following courts: the U.S. Court of Appeals for the Second Circuit, the U.S. District Courts for the Northern, Southern, Eastern or Western Districts of New York, the New York State Court of Appeals, the Appellate Division of the New York State Supreme Court, the New York State Supreme Court, the Court of Claims, the Family Court, a Surrogates Court, the Civil and Criminal Courts of New York City (including Housing judges of the Civil Court) and other courts of record;
  • a village, town or county justice;
  • other officiants as specified by Section 11 of the Domestic Relations Law.
*Note - For ceremonies in New York City, the officiant should be registered to perform a ceremony within the New York City limits. (www.health.state.ny.us)

DRL Chapter 14 governs the following topics related to marriage as well:
  • Article 4 - Certain Rights and Liabilities of Husband and Wife
  • Article 9 - Action to Annul A Marriage or Declare It Void
  • Article 10 - Action for Divorce
  • Article 11 - Action for Separation

PRENUPTIAL AGREEMENTS

  • According New York Domestic Relations Law section 236(B)(3), in a matrimonial action, a pre-nuptial agreement must have the following criteria to found enforceable:

    1.  In writing;
    2. Subscribed by the parties; and
    3. Acknowledged or proven in a manner required to entitle a deed to be recorded.

  • In addition under DRL 236 (B)(3), the statute provides that the agreement may be entered into before any person has been authorized to solemnize the marriage. (Before the license is obtained.)

  • The prenuptial agreement may include the following provisions

1.      A testamentary provision of any kind, or a waiver of any right to elect against the provisions of a will

2.      A provision for ownership, division, or distribution of separate and marital property

3.      A provision for the amount and duration of maintenance, provided that the terms are fair, reasonable at the time of making, and not unconscionable at the time of judgment


4.      A provision for the custody, care, education and maintenance of any child of the partie

  • However, a husband and wife cannot contract to alter or dissolve the marriage in a way that would leave one spouse unable of self support, resulting in them being a public charge. (General Obligations Law 5-311).
  • There is a 6 year Statute of Limitations applicable to the rescission of prenuptial agreements. (New York C.P.L.R. 213). Meaning, if there was a fraud or a lack of financial disclosure on of a wife’s assets, the husband has 6 years to rescind the agreement or 2 years from the time of discovery. Otherwise, the action will be barred by the statute of limitations.

STATUTORY RESEARCH TIPS
Online
    1. New York State Laws available for FREE at: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
      • Select DOM (Domestic Relations Law),
      • Select Chapter 14 Article 2 on Marriages.
    2. Westlaw - www.westlaw.com
      • On the left hand side go to the field “Search for a Database.”
      • Enter NY-ST-ANN (for New York State Laws Annotated).
      • On upper right hand side select the second option “Table of Contents”
      • Select McKinney’s Consolidated Laws of New York Annotated
      • Expand the contents for “Domestic Relations Law”
      • Expand “Chapter 14 of Consolidated Laws”
      • Expand the Article and select the section of interest.
    3. LexisNexis – www.lexisnexis.com
      • Under Option 2- Look for a Source Tab and under the heading States Legal-U.S. on the right hand side and select New York
      • Under Find Statutes, Regulations and Administrative Materials and Court Rules, select New York Consolidated Law Service
      • Expand the contents for “Domestic Relations Law”
      • Expand the Article and select the section of interest.
Hard Copy - Gould Library at Touro Law Center 225 Eastview Drive, Central Islip, NY 11722
  1. New York Consolidated Service (CLS)-
    • Call Number KFN5030 1976 .A24 - located on 2nd floor of the library
    • Check the pocket parts for any updates to the statutes
  2. McKinney’s Consolidated Laws of New York - located on 2nd floor of the library
    • Call Number KFN5030 A2.M38
    • Volume Title – Domestic Relations Law
    • Table of Contents – Marriage
    • Check the pocket parts for any updates to the statutes
 
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