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

N.Y. Domestic Relations Law § 12 (2026)

Marriage, how solemnized

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 12. Marriage, how solemnized. No particular form or ceremony is
required when a marriage is solemnized as herein provided by a clergyman
or magistrate, or one-day marriage officiant as designated by a town or
city clerk pursuant to section eleven-d of this article, but the parties
must solemnly declare in the presence of a clergyman, magistrate, or
such one-day marriage officiant and the attending witness or witnesses
that they take each other as spouses. In every case, at least one
witness beside the clergyman, magistrate, or such one-day marriage
officiant must be present at the ceremony.
  The preceding provisions of this chapter, so far as they relate to the
manner of solemnizing marriages, shall not affect marriages among the
people called friends or quakers; nor marriages among the people of any
other denominations having as such any particular mode of solemnizing
marriages; but such marriages must be solemnized in the manner
heretofore used and practiced in their respective societies or
denominations, and marriages so solemnized shall be as valid as if this
article had not been enacted.
Notes of Decisions
Cited in 21 cases (10 in the last 5 years), 1999–2026 · leading case: Hernandez v. Robles, 855 N.E.2d 1 (N.Y. 2006).
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Hernandez v. Robles, 855 N.E.2d 1 (N.Y. 2006). · cites it 2× “Domestic Relations Law § 12 provides that "the parties must solemnly declare .”
Yusupov v. Baraev, 197 A.D.3d 538 (N.Y. App. Div. 2d Dep't 2021). · cites it 2× “A marriage is solemnized where the parties "solemnly declare in the presence of a clergyman or magistrate and the attending witness or witnesses that they take each other as husband and wife" (Domestic Relations Law § 12; see Matter of Farraj , 72 AD3d at 1084 ).”
In re the Est. of Farraj, 72 A.D.3d 1082 (N.Y. App. Div. 2d Dep't 2010). · cites it 2× “In New York, while the Domestic Relations Law deems it necessary for all persons intending to be married to obtain a marriage license (see Domestic Relations Law § 13), a marriage is not void for the failure to obtain a marriage license if the marriage is solemnized (see…”
Funti v. Andrews, 251 A.D.3d 44 (N.Y. App. Div. 1st Dep't 2026). · cites it 23× “Pursuant to Domestic Relations Law § 25, a marriage is not void for failure to obtain a marriage license if the marriage is solemnized.”
Hernandez v. Robles, 26 A.D.3d 98 (N.Y. App. Div. 1st Dep't 2005). “Plaintiffs, gay men and lesbians involved in long-term romantic and familial relationships with another individual of the same gender, challenge the constitutionality of those provisions of the Domestic Relations Law that, in effect, limit marriage licenses to individuals…”
Hernandez v. Robles, 7 Misc. 3d 459 (N.Y. Sup. Ct. 2005). “For example, Domestic Relations Law § 12 provides, in relevant part, that “[n]o particular form or ceremony is required when a marriage is solemnized as herein provided by a clergyman or magistrate, but the parties must solemnly declare in the presence of a clergyman or…”
Devorah H. v. Steven S., 49 Misc. 3d 630 (N.Y. Sup. Ct. 2015). · cites it 7× “They are contained in Domestic Relations Law § 12, which provides in relevant part: *640 Thus, the court must first decide whether plaintiff proved that the ceremony she alleges took place was conducted in accordance with the requirements of Domestic Relations Law § 12.”
Shields v. Madigan, 5 Misc. 3d 901 (N.Y. Sup. Ct. 2004). “Specifically, the Domestic Relations Law requires that a marriage be solemnized by each person declaring “that they take each other as husband and wife” (Domestic Relations Law § 12), and that the clerk obtain information from the “bride” and “groom” during the application…”
People v. Greenleaf, 5 Misc. 3d 337 (New Paltz Just. Ct. 2004). “(Domestic Relations Law § 12.) The religious beliefs of some individuals and groups include a conviction that same-sex unions are unnatural and abhorrent.”
Slattery v. City of New York, 179 Misc. 2d 740 (N.Y. Sup. Ct. 1999). “” (Domestic Relations Law § 12.) Second, several prerequisites must be satisfied before a couple can be joined in marriage.”
Funti v. Andrews, 251 A.D.3d 44 (N.Y. App. Div. 1st Dep't 2026). · cites it 23× “Pursuant to Domestic Relations Law § 25, a marriage is not void for failure to obtain a marriage license if the marriage is solemnized.”
Hirsh v. Stern, 83 A.D.3d 783 (N.Y. App. Div. 2d Dep't 2011). · cites it 3× “The defendant did not claim that the form of the ceremony at which the parties were married did not comport with Domestic Relations Law § 12. Rather, he claimed only that, inasmuch as the parties did not intend to be married (an assertion that the plaintiff directly contested in…”
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