Surrogate Upholds Marriage Otherwise Void Under NJ Law

In Matter of Farraj, 23 Misc 3d 1109(A), 2009 NY Slip Op 50684(U) (Sur. Ct. Kings Co.), Surrogate López Torres applied modern conflicts of law principles to uphold the out of state marriage of two New York domicilliaries, even though the couple had not obtained a marriage license as required by local law. The marriage, however, was solemnized before a Imam.

The Surrogate citing the Restatement (Second) Conflict of Laws, as reflective of the modern view, held that she would apply the law which had the most significant relationship to the two spouses and to the marriage -- that law was unquestionably New York as it was where the spouses were domiciled at the time of the marriage. Under New York law as long as a religious ceremony occurs, the marriage is valid, regardless of whether a license has been obtained.