New York marriage laws allow individuals to be wed to each other with only a few exceptions. Those exceptions are called prohibited marriages or void marriages and describe the instances where a marriage is not legally valid even after the ceremony and even after signing the certificate. There is no officiant who can make a prohibited marriage valid in New York.

There are several factors to consider about prohibited marriage. Because the marriage is not legal or valid, the couple does not qualify for any of the state or federal benefits that are given to legally married couples. At best, the parties can be roommates and possibly enter into a domestic partnership agreement, but then they still will not qualify for many of the benefits that a legally married couple receives.

What are the Types of Prohibited Marriages? 

In New York, the state marriage laws describe several types of marriages that are illegal or not valid. While each is a marriage situation that a reasonable person would typically avoid, these situations do occur. Often, the parties are well aware of the issues present in the relationship that would cause the marriage to be prohibited, but sometimes the parties do not know, such as in some cases of being related. The law leaves no room for compromise though. These void marriage situations are non-negotiable.

Prohibited marriage where legal consent cannot be given.

There are several types of prohibited marriages where one or both individuals are not able to give legal consent

One or both parties are underage

The legal age of consent for marriage in New York is 18 years old. Anyone under the age of 18 is not able to give legal consent to marry. If one or both parties enter into a marriage before the age of 18, that marriage is not valid until they both reach the age of 18.  If either party applying for a marriage license is younger than 18, the marriage license cannot be issued. However, the law does give the court discretion in determining whether or not to annul the marriage after hearing the circumstances and facts surrounding the marriage. 

Additionally, if one or both parties are 16 or 17 years old, they can legally marry as long as they have their parents’ consent. If one or both parties are 14 or 15 years old, they can be legally married if the court grants them permission. Anyone younger than 14 years old cannot get legally married in New York.

One or both parties are not capable of consenting to marriage

When a person is not able to give their consent to marriage, the marriage can be declared void. This can be at the onset of the marriage or can occur years after the wedding takes place (such as with a spouse being incurably mentally ill for five years or more). The marriage may not have been prohibited from the start, but it can become a void marriage that may be eligible for an annulment later.

Types of prohibited marriage where one or both parties are not able to give consent are:

      • Physical Cause such as a brain injury or illness that impacts comprehension.
      • Fraud, duress, threat, or fraud
      • Incurably mentally ill for five or more years

The union is a bigamous marriage

Bigamy or polygamy (which includes polygyny and polyandry) is illegal in New York. A marriage is prohibited if one or both partners already have a spouse that is living and they are still legally married to them. If they have not divorced their former spouses or had the marriage annulled, they are not eligible for a marriage license because they are still legally married to the former spouse – and they cannot legally get married.

The marriage is incestuous

Relatives are legally prohibited from marrying each other in New York. According to the law, it is incestuous and void. This type of marriage is not only a prohibited marriage but also a crime.

This includes:

      • An ancestor and a descendant  
      • A brother/sister, brother/brother, or sister/sister, either whole or half blood
      • An uncle and a niece or nephew, or an aunt and a niece or nephew

Is Same-Sex Marriage a Prohibited Marriage In New York?

There was never a time when same-sex marriage was specifically prohibited marriage in New York, but it was not necessarily legally recognized. A bill passed in 2011 in New York changed that by explicitly legalizing it as a legitimate and legal type of marriage. In 2015, federal law legalized same-sex marriage as well. The United States Supreme Court based its ruling on the case Obergefell v. Hodges which is the landmark case for legalizing same-sex marriage. It ruled that prohibiting same-sex marriage violated the U.S. Constitution’s guarantee of equal protection.

Can Out-of-State Marriages Be Voided as Prohibited?

New York does recognize legal marriages that occurred in other states and even in other countries. Likewise, marriages entered in New York are generally recognized in other states and countries. 

Are Children Who Are the Products of a Prohibited Marriage Legitimate? 

Under New York law, a child is legitimate if the parents are married when the baby is born, even if he or she was conceived before the parents were married. This is true even if the parents’ marriage is prohibited or void.

The legitimacy of a child is important because it gives the father legal access to the child but also gives the child certain rights to inheritance and other benefits. In the event the couple parts, it will also play a role in child support, custody, and visitation.

Can You Get a Prohibited Marriage Annulled?

Because a prohibited marriage is illegal and has been illegal from the onset, most courts will grant an annulment most of the time. The annulment basically dissolves any ties that the couple may have and acknowledges the illegitimacy of the marriage. Typically, one or both parties can apply for an annulment, or they may be required to seek an annulment in some cases to sever any appearance of marriage ties.

Can You Go to Jail for Entering into A Prohibited Marriage?

Some types of prohibited marriages are classified as crimes. An incestuous marriage carries a fine of $50 to $100 as well as up to six months in jail for anyone who willfully and knowingly enters into an incestuous marriage. Anyone who willfully and knowingly officiates or solemnizes an incestuous marriage or procures it or aides in the solemnization of it will be found guilty of a misdemeanor and will also face a fine of $50 to $100 and/or placed in jail for up to six months.

Some of the other types of marriage crimes, such as an adult marrying a child or someone who is not able to give legal consent to marry could also face legal consequences, as could any individual who threatens, coerces, or forces someone to marry them.

If you are in a prohibited marriage or suspect you might be entering into a prohibited marriage, you need legal representation immediately. Entering a prohibited marriage when you know it is illegal can bring criminal charges.

Call The Litvak Law Firm at 718-989-2908 and get the help that you need. We will work with you to determine if your marriage is legal and advise you on the next steps to take if it isn’t. Don’t try to figure things out for yourself, let us help. Call today.