N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Solemnization, Proof and Effect of Marriage
New York Consolidated Laws

N.Y. Domestic Relations Law § 10 (2026)

Marriage a civil contract

✓ current as of May 2026
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§ 10.  Marriage a civil contract.  Marriage, so far as its validity in
law is concerned, continues to be a civil contract, to which the consent
of parties capable in law of making a contract is essential.
Notes of Decisions
Cited in 20 cases (7 in the last 5 years), 1997–2026 · leading case: Hernandez v. Robles, 26 A.D.3d 98 (N.Y. App. Div. 2005).
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Hernandez v. Robles, 26 A.D.3d 98 (N.Y. App. Div. 2005). · cites it 2× “defendant be permanently enjoined from denying a marriage license to any couple solely on the ground that the two persons in that couple are of the same sex, should be reversed, on the law, without costs, the judgment vacated, plaintiffs’ motion for summary judgment denied,…”
Hernandez v. Robles, 7 Misc. 3d 459 (N.Y. Sup. Ct. 2005). · cites it 2× “Indeed, Domestic Relations Law § 10 defines jural marriage without any reference to *469 the sex of the parties to a marriage.”
Langan v. St. Vincent's Hosp., 196 Misc. 2d 440 (N.Y. Sup. Ct. 2003). · cites it 2× “The Domestic Relations Law defines marriage as a “civil contract” so far as its “validity in law” is concerned (Domestic Relations Law § 10). Nevertheless it is not subject to dissolution at the will of the parties, for the “traditional principle is that marriage is a…”
In re the Involuntary Termination of Parental Rights to E.M.I., 57 A.3d 1278 (Pa. Super. Ct. 2012). “See N.Y. Domestic Relations Law § 10 -a. . As of April 2012, S.”
People v. Greenleaf, 5 Misc. 3d 337 (New Paltz Just. Ct. 2004). · cites it 2× “A starting point is found in Domestic Relations Law § 10, which reminds us that “[m]arriage, so far as its validity in law is concerned, continues to be a civil contract.”
Persad v. Balram, 187 Misc. 2d 711 (N.Y. Sup. Ct. 2001). “” (Domestic Relations Law § 10.) Under general contract principles, where parties do not intend to be legally bound by an agreement, there is no contract.”
In re Johnson, 172 Misc. 2d 684 (N.Y. Sup. Ct. 1997). · cites it 2× “” Domestic Relations Law § 10: "Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential.”
Mackoff v. Bluemke-Mackoff, 2023 NY Slip Op 05721 (N.Y. App. Div. 2023). “Valid Marriages in New York State "Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential" (Domestic Relations Law § 10). Generally, it is necessary for all persons…”
Shields v. Madigan, 5 Misc. 3d 901 (N.Y. Sup. Ct. 2004). “The Domestic Relations Law defines marriage as a civil contract between two consenting parties who are legally capable of entering into a contract and contains an age requirement (Domestic Relations Law §§ 10, 15). The parties to a marriage must obtain a valid marriage license,…”
Devorah H. v. Steven S., 49 Misc. 3d 630 (N.Y. Sup. Ct. 2015). · cites it 3× “To do otherwise, and in effect turn a blind eye to context, would elevate the mere fact that a ceremony took place to a level of significance that not even Domestic Relations Law § 25 entitles it be accorded.”
Matter of Christopher YY. v. Jessica ZZ., 2018 NY Slip Op 495 (N.Y. App. Div. 2018). “, 46 Misc 3d at 599 ["the Marriage Equality Act does not require the court to ignore the obvious biological differences between husbands and wives" and, "while the language of Domestic Relations Law § 10—a requires same-(gender) married couples to be treated the same as all…”
Spalter v. Spalter, 2024 NY Slip Op 00465 (N.Y. App. Div. 2024). · cites it 2× “However, they never obtained a civil marriage license, and according to defendant, held themselves out as single, lived separate lives and only entered into the religious marriage to facilitate their children's acceptance into day schools and the family into synagogues. At the…”
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