An original certificate of a marriage made by the person by whom it was solemnized within the state, or the original entry thereof made pursuant to law in the office of the clerk of a city or a town within the state, is prima facie evidence of the marriage.
R 4526.Marriage certificate
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4526 makes an original marriage certificate made by the person who solemnized the marriage in New York, or the original clerk's entry recording it, prima facie evidence that the marriage took place.
Full Text of CPLR 4526
Plain-English Summary
Proving a marriage happened should not require locating the officiant decades later. CPLR 4526 lets the paper trail do that work. An original certificate of marriage, made by whoever solemnized it within New York, is prima facie evidence of the marriage. So is the original entry recording the marriage that a city or town clerk made pursuant to law.
The rule reaches two related but distinct documents: the certificate the officiant fills out at the ceremony, and the separate entry a clerk later records in the office of a city or town clerk. Either one, offered in original form, establishes the marriage without further authentication.
This provision comes up in estate proceedings, matrimonial actions, benefits disputes, and any other case where a party's marital status is contested and the marriage occurred long enough ago, or informally enough, that live witness testimony is not practical.
Frequently Asked Questions
What does CPLR 4526 let a party prove?
It lets an original marriage certificate or the original clerk's entry of a marriage serve as prima facie evidence that the marriage took place.
Who has to have made the certificate for CPLR 4526 to apply?
The person who solemnized the marriage within New York must have made the certificate, or a city or town clerk must have made the original recorded entry pursuant to law.
Does the marriage certificate have to be an original?
Yes, the statute specifies an original certificate or an original clerk's entry, not a copy.
Does CPLR 4526 cover marriages performed outside New York?
The section addresses certificates from marriages solemnized within the state and entries made by New York city or town clerks; it does not extend the same presumption to out-of-state marriage records.
In what kinds of cases does CPLR 4526 typically come up?
It surfaces in matrimonial actions, estate and inheritance disputes, and benefits claims where a party's marital status is at issue.
Advisory Committee Notes
This rule is the same as former § 372 with a shortening of the title and minor language changes. The reference to a certified copy in the former section is covered by CPLR rule 4539.
Amendment History
Formerly § 4526, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: marriage certificate evidence New Yorkproof of marriage in courtoriginal marriage certificate prima facie evidenceclerk entry marriage record NYhow to prove a marriage happened legally