Marriage laws and Agreements

New York Muslim Family Attorney

Bismillahir Rahmonir Rakhim. Praise be to God. Blessings and peace upon the messenger, and his family and companions.

Dear Muslims, marriage is a source of happiness and stability for human. God Almighty created women to be the sisters of men. So,  men cannot live without  women, and  women cannot live without  men. 

Marriage is one of the Sunnahs of the Prophets and Messengers. Islam urges Muslims to marry as Allah almighty said: “Marry those among you who are spouseless and the virtuous among your male and female slaves (thereby freeing them), if they are poor, Allah will enrich them of His bounty; Allah is Embracing, Knowing.” {Anoor:32} and the Messenger of Allah said: “Marriage is part of my sunnah, and whoever does not follow my sunnah has nothing to do with me. Get married, for I will boast of your great numbers before the nations. Whoever has the means, let him get married, and whoever does not, then he should fast for it will diminish his desire.”

Islam has given the honour to the family through its approval of marriage. Whereby the woman preserves her dignity, and the man preserves his reputation. For this reason, Islamic law has taken care of detailing the provisions of marriage. Also, it indicated the rights of couples in a manner that preserves this relationship and encouraging it to continue to form a prosperous family in which children grow up with psychological stability and integrity in all areas of life.

 

We see that Allah's Messenger, peace be upon him, said: "There are three things which, whether undertaken seriously or in jest, are treated as serious: marriage, divorce and taking back a wife after a divorce which is not final." [Reported by al-Arba'a except an-Nasa'i. al-Hakim graded it Sahih

 

Some issues have to be considered when getting married in New York. This is as stipulated in the laws of this state. There are requirements that have to be observed before a couple can be issued with a marriage licence. New York Marriage laws are outlined within sections 11, 12 and 13 of the domestic relations law. Parties to a marriage have to provide information on their previous marriages if any, along with the marriage application. The license has to be obtained and presented to the officiating individual, whether clergy or a magistrate within 60 days. Apart from magistrate and clergy members, state governors and mayors can also officiate a marriage. The ceremony of any kind is not a requirement. However, a declaration of intentions for marriage to be done in the presence of the above authorized individuals. Another essential thing to note is that, unless there is a court order stating otherwise, marriage should not happen within 24 hours after a marriage license is issued.

 

Marriage requirements 

New York State law prohibits marriages between blood relatives. Further, the laws outline basic requirements that have to be attained for a marriage to be allowed. The three important aspects include; Age, capacity and consent. New York State has a minimum age of marriage set at 18 years. However, there are exceptions to this whereby children of the age 17 can marry with the approval of parents or a judge. Capacity relates to mental ability to make informed decisions in agreeing to enter into marriage. Concerned individuals seeking to be married to be of sound mind. Understanding the nature of marriage and the subsequent responsibilities is requisite. Lastly, we have consent which is the willingness to enter to marriage agreement. Consent has to be from both parties with a full understanding of the nature of the marriage at hand. There should be no force or coercion to either party.

 

Annulment and Prohibited marriages

Marriage annulment follows where a given marriage is found to invalid and thereby prohibited. Prohibited marriages that are against the law and therefore are voidable. Parties to such a marriage are liable to prosecution for a misdemeanour. This is covered in sections, 5, 6, 7, 24 and 140 of the domestic relations law. Marriages of this nature should be annulled as per the New York law. Such marriages include the following; marriage where both or one party is underage, a marriage where one party has a permanent mental illness, unions arrived at through duress or fraudulent means and lastly marriage where parties involved have previous undissolved marriages. Also, marriages between blood relatives are prohibited. For instance marriage ancestor and a descendant of a brother to a sister among others. Same-sex marriages were previously prohibited in New York, but currently, they are allowed.

 

Marriage agreements

Marriage in New York is based on agreements where the key contract is the one that brings spouses together as married partners. On top of this, we have other agreements that cement the marriage institutions. First, we have a prenuptial agreement. This relates to the contract that stipulates how properties and assets owned by individual spouses handled after the marriage takes place. It also looks such features will be treated or subdivided in the event of marriage termination. Such features include real assets like buildings or financial assets, for instance, stocks.

Next, there is postnuptial agreement: this is an extra contract of a set of agreements arrived at in an already existing marriage. This tends to change or improve on prenuptial agreements. It further deals with properties and assets: how to share or divide them in case a couple of divorces or in the event of death.

A separation agreement results where spouses come into terms to separate and live independently. The separated spouses’ go-ahead to live away from each other without necessarily calling for a divorce. This agreement encompasses several issues ranging from how to handle children in terms of their support, custody and visitation. Further, these agreements look into property management and division as well as spousal maintenance.

Under the marital settlement agreement, marriage partners agree on the way forward to separate on their terms without engaging a court of law. Matters on assets, property and children obligations are agreed upon.

The above agreements rest on the spouses, and either of the party to a marriage can enforce them. However, they are not absolute and can be challenged in a court of law. The validity of these agreements can be challenged on the basis of whether they were reasonable and unconscionable. Along this line, the court can go ahead to determine whether honesty and fairness were observed. 

Get in touch with our New York Muslim Family Attorney Farrukh Nuridinov, who can build criminal defense to spare you from any criminal prosecution. Settle your marriage laws and agreements legally and as fast as possible. All you should do to get the best defense is to call our telephone: (+1) 347-763-93-96 or you can visit our office located at 464 Ocean parkway, Brooklyn, NY 11218

Offer Services

Unlawful Restraining
Unlawful Restraining
Kidnapping crime in New York
Kidnapping crime in New York
Harassment and Cyberbullying as Crimes in New York
Harassment and Cyberbullying as ...
Defending Against an Accusation of Stalking
Defending Against an Accusation of ...
Felony Menacing Charges in New York
Felony Menacing Charges in New York
False Imprisonment in New York
False Imprisonment in New York
Extortion in New York
Extortion in New York
Family Law in New York, USA
Family Law in New York, USA
Marriage laws and Agreements
Marriage laws and Agreements
Adoption laws and agreements
Adoption laws and agreements
Divorce Laws and processes
Divorce Laws and processes
Slander and defamation in New York, USA
Slander and defamation in New York, ...