Rhiannon Hendricks
Yes, weddings are allowed in North Carolina, but there are several legal requirements that must be met before a couple can marry. Both parties must be at least 18 years old, although minors aged 16 and 17 may marry with written consent from a parent or legal guardian. Both parties must intend to marry, not be married to anyone else, and understand their actions. They must also obtain a marriage license, which costs $60 and is valid for 60 days. Same-sex marriage is legal in North Carolina, but due to the lack of clarity on many issues surrounding it, consultation with an attorney is advised for same-sex couples seeking to marry.
| Characteristics | Values |
|---|---|
| Are weddings allowed? | Yes |
| Who can get married? | Two consenting adults, including same-sex couples, who are not already married or related (up to first cousins). Minors (16-17 years old) may marry with parental consent and an age gap of no more than four years. |
| Requirements | A marriage license is required and must be used within 60 days of issuance. The cost is $60, and both parties must be present with valid government-issued IDs and proof of social security numbers. |
| Officiants | A wedding ceremony can be performed by a magistrate or an ordained minister. Judges cannot perform marriages. |
| Prenuptial agreements | Prenups are legal and enforceable as long as they are in writing and signed by both parties before the marriage. |
| Name change | Wives can assume their husband's last name without a legal proceeding, but it is not a requirement. |
| Inheritance and property rights | Separate property owned before marriage remains separate. However, consultation with an attorney is advised to understand inheritance and property rights after marriage. |
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What You'll Learn
Same-sex marriages are legal in North Carolina
The first same-sex couple to marry in North Carolina were Chad Biggs and Chris Creech in Raleigh on October 10. In Raleigh, Asheville, and Greensboro, county offices stayed open late to issue marriage licenses to same-sex couples. Charlotte opened its office on the following Monday, October 13.
Despite this, there are still some legal complexities surrounding same-sex marriage in North Carolina. For example, the recognition of out-of-state same-sex marriages that occurred prior to the court rulings is uncertain. Additionally, laws referring to marriage often still use the terms "husband and wife" or "male and female". Furthermore, same-sex marriage is not legal on the reservation of the Eastern Band of Cherokee Indians, as tribal law specifies that marriage is "between a man and a woman".
Same-sex spouses in North Carolina now have the same rights as opposite-sex spouses regarding various legal matters. These include seeking an equitable distribution of assets acquired during the marriage, filing a claim for post-separation support and alimony, signing a premarital agreement, and inheriting in the event that their spouse dies without a will. Same-sex couples can also sign a separation and property settlement agreement to resolve marital issues if they split up after marriage.
In addition, a same-sex spouse who is married to the "legal parent" can now petition the court to adopt their step-child in the same way as an opposite-sex step-parent. However, if a same-sex couple is considering adoption, consulting an attorney is advised due to the complexities of the law in this area.
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You must obtain a marriage license before the wedding
Marriages in North Carolina are legally recognised as long as both parties meet the following requirements: both parties must intend to marry, must not be currently married to anyone else, and must be able to understand their actions; both parties must be at least 18 years old, unless specific requirements for minors are met; the parties cannot be more closely related than first cousins, and cannot be double first cousins; and, importantly, the couple must obtain a marriage license before their wedding.
This last requirement is essential, as a marriage license is a prerequisite for a legal marriage in North Carolina. The process of obtaining a marriage license is straightforward. Couples can obtain a marriage license from any of North Carolina's 100 Register of Deeds offices, and the license can be used anywhere in the state. Both partners must usually visit the Register of Deeds office, although some counties allow online applications to be submitted beforehand to save time. Applicants must pay a fee and fill out a form stating their names, ages, marital status, and intention to marry. Additionally, applicants must provide either a Social Security number or a notarized statement if they are ineligible to receive one.
The Register of Deeds may also require proof of age, such as a government-issued ID or birth certificate. If either partner was previously married, proof of divorce may also be necessary. It is important to note that there is no waiting period between obtaining the license and the wedding, and the license is valid for 60 days. If the wedding does not occur within this period, the license expires, and applicants must apply again.
Once the couple has obtained their marriage license, they can proceed with their wedding ceremony. In North Carolina, a wedding can be performed by a magistrate or any ordained minister authorised by a religious denomination or church. Additionally, marriages can be conducted in the recognised manner of religious denominations that do not use officiants or federally/state-recognised Native American tribes. While judges cannot perform marriages, contacting the magistrate's office in your county is advisable, as availability varies.
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Minors can marry under certain conditions
In North Carolina, individuals who are 18 years or older may lawfully marry. However, there are certain conditions under which minors below the age of 18 can marry.
Firstly, it is important to note that minors under the age of 14 are not permitted to marry under any circumstances in North Carolina. For minors between the ages of 14 and 16, marriage is only allowed under very limited circumstances. Specifically, a 14 or 15-year-old female who is pregnant or has given birth, or the putative father of the same age, must obtain a court order from the district court to marry. The court makes this decision based on the best interests of the minor.
For minors who are 16 and 17 years old, marriage is allowed as long as certain requirements are met. Firstly, the minor can only marry a person who is no more than four years older than them. Secondly, written consent for the marriage must be obtained from a parent with sole or joint legal custody, or by a person, agency, or institution that has legal custody of the minor or is serving as their legal guardian. This consent must be filed with the Register of Deeds. Alternatively, a certified copy of an order issued by a district court authorizing the marriage can also be provided.
It is worth noting that if a minor's parents oppose their marriage, it is presumed that it would not be in the minor's best interests to marry. Additionally, North Carolina does not recognize common-law marriages or marriages by consent as valid legal marriages. However, the state does recognize same-sex marriages, provided they were entered into on or after October 10, 2014, when a federal judge deemed the state's denial of marriage rights to same-sex couples unconstitutional.
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You don't have to be a resident to marry in North Carolina
If you're planning a wedding in North Carolina, there are a few things to keep in mind. Firstly, you don't have to be a resident of North Carolina to get married in the state. So, if you've chosen a scenic location in the Blue Ridge Mountains or a beach ceremony on the Outer Banks, rest assured that you can legally tie the knot there without being a resident.
Now, let's go over some of the key requirements for getting married in North Carolina, which apply to both residents and non-residents alike. Both parties must be at least 18 years old and cannot be more closely related than first cousins. Minors between the ages of 16 and 17 may marry with parental or legal guardian consent, and under very limited circumstances, unmarried individuals over 14 and under 16 may marry. Additionally, both parties must not be currently married to anyone else and must be able to understand their actions and consent to the marriage. Same-sex marriage is also recognized in North Carolina, and prenuptial agreements are legal and enforceable.
To make your union official, you'll need to obtain a marriage license from the Register of Deeds in any county within the state. Both partners typically need to be present, but some counties allow for online applications to streamline the process. You'll need to provide proof of age, such as a government-issued ID or birth certificate, and proof of your Social Security number or a notarized statement if you're ineligible for one. There is a fee for the marriage license, which varies by county but is typically around $60, and it's valid for 60 days with no waiting period required.
Once you have your marriage license, you can choose who will officiate your wedding. In North Carolina, this can be a magistrate, an ordained minister or priest of any religious denomination, or a judge. If you prefer a more personalized option, a friend or family member can officiate your wedding by becoming a licensed officiant or minister. Your wedding ceremony must also have two witnesses present.
Lastly, remember to consider the legal implications of marriage, especially regarding separate property and estate matters. Consulting an experienced attorney before your wedding can help clarify any uncertainties and ensure a smooth start to your married life.
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Prenuptial agreements are legal and enforceable
Marriages in North Carolina are legally recognised as long as both parties meet certain requirements. Both parties must be at least 18 years old, intend to marry, not be married to anyone else, and understand their actions. Same-sex marriages are also recognised in North Carolina, although the law still refers to 'husband and wife' or 'male and female'.
Prenuptial agreements, or prenups, are legal and enforceable in North Carolina as long as all legal requirements are met. A prenup is a legal document signed by two people before they are married, outlining certain rights and obligations for spouses if their marriage ends. To be valid, prenups must be in writing and signed by both parties before the marriage.
Prenups can be used to determine property and inheritance rights and to change or eliminate the right to spousal support if the marriage ends. However, there are limitations to what can be included in a prenup. For example, while spousal support can be waived in a prenup, it cannot be completely avoided. If a spouse becomes eligible for public assistance as a result of the terms of the prenup, that aspect becomes unenforceable.
Prenups can be challenged in court, but these challenges are not always successful. An experienced attorney can help enforce the agreements made in a prenup and protect assets.
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Frequently asked questions
Yes, same-sex marriages are allowed in North Carolina. However, due to the lack of clarity on many issues surrounding same-sex marriage, same-sex couples seeking to marry are advised to consult an attorney.
Both parties must intend to marry, must not be currently married to anyone else, and must be able to understand their actions. Both parties must be at least 18 years old, unless specific requirements for minors are met. The parties cannot be more closely related than first cousins, and cannot be double first cousins.
Yes, a marriage license is required to get married in North Carolina. The license costs $60 and can be obtained from any of North Carolina's 100 Register of Deeds offices. It is valid for 60 days from the date of issuance and can be used anywhere in the state.
Your wedding can be performed by a magistrate or by any minister who is ordained in a religious denomination or authorized by a church.
