COUPLE’S UNION WAS BINDING UNDER JEWISH LAW
After his marriage to LS was declared “valid” by the New York County Supreme Court, MS appealed to the Appellate Division, First Department.
On its review, the AD1 noted that while the parties never secured a New York marriage license, they did engage in a religious wedding ceremony officiated by a rabbi with guests and all the traditional trimmings, including a “ketubah” – a (witnessed) wedding contract which noted that the marriage was binding under Jewish law. Additionally, the parties executed an arbitration agreement which referenced them as “husband-to-be” and “wife-to-be” and designated a “Beth Din” (a rabbinical court) as the forum which would preside over marital disputes.
While they lived separate lives and publicly claimed to be “single,” and even listed that status on tax forms, the AD1 thought there was a “strong presumption favoring the [marriage’s] validity,” particularly because the couple had several children together.
Given those underpinnings, and the fact that the failure to procure a license did not (in and of itself) render the marriage void, the AD1 left the outcome undisturbed.
Should we say, “Mazel tov?”
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DECISION