George Boyle
Getting married in Virginia requires careful planning to ensure that your wedding is legally valid. Virginia has specific requirements for a legal marriage, including a Virginia license and a ceremony within the state. Couples should also be aware of prohibited marriages, such as those between siblings or if one spouse is already married. Virginia Beach offers wedding permits for designated parks and beaches, providing exclusive use for a three-hour time frame. It is important to adhere to parking restrictions and other regulations to ensure a smooth wedding day. Understanding the legal requirements and local regulations is crucial for a stress-free wedding celebration in Virginia.
| Characteristics | Values |
|---|---|
| Marriage Requirements | A Virginia license and a Virginia ceremony, in that order. The ceremony must take place within 60 days of obtaining the license. |
| Marriage Prohibitions | Marriages between siblings, including siblings through adoption; marriages between aunts or uncles and nieces or nephews; marriages while either spouse is married to someone else; marriages between an ancestor and descendant. |
| Marriage Equality | Same-sex marriage is legal. Marriages are lawful regardless of sex, gender, or race of parties. |
| Officiants | Officiants must be at least 18 years old and may be asked for proof of ordination and active membership in their religious organization. Virginia does not recognize online ordination for religious leaders. |
| Witnesses | There is no requirement for additional witnesses beyond the officiant and couple. |
| Consent | There must be a clear statement of consent by each party during the ceremony, though it does not have to be "I do". |
| Fees | Beach wedding applications have a processing fee of $200 and are due 45 business days prior to the event date. |
| Locations | Beach weddings are permitted in designated parks and park facilities in Virginia Beach. |
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What You'll Learn
- A Virginia license and a Virginia ceremony are required
- Marriage is lawful regardless of sex, gender, or race of the couple
- Marriages between certain relatives are prohibited (e.g. siblings, aunts/uncles and nieces/nephews)
- The minimum age of the couple
- Beach weddings are permitted in certain areas of Virginia Beach
A Virginia license and a Virginia ceremony are required
A wedding in Virginia requires two things: a Virginia marriage license and a wedding ceremony in Virginia.
Firstly, a couple must obtain a Virginia marriage license. The clerks of the circuit courts of any counties or their deputies are authorized to issue marriage licenses to any persons desiring to be married on any of the government reservations of this Commonwealth. The couple must then have a wedding ceremony in Virginia. The ceremony can be conducted by a justice of the peace at the time the couple obtains their marriage license, which counts as a Virginia ceremony. Alternatively, the couple may choose to have a wedding ceremony at a designated park or park facility, such as a beach, courtyard, gazebo, or amphitheater, in the City of Virginia Beach. There is a processing fee of $200 for a Beach Wedding Ceremony application, and applications are due 45 business days before the event date. It is important to note that the City of Virginia Beach does not permit private receptions on public property, and food and alcohol are not allowed.
For a wedding ceremony to be valid in Virginia, the officiant and both members of the couple must be physically present. There is no requirement for additional witnesses. However, during the ceremony, each party must clearly state their consent, even if it is not the traditional "I do." Virginia requires that ministers who officiate a marriage are at least 18 years of age, and officials may ask for proof of ordination and the minister's active membership in their religious organization. Virginia does not recognize online ordination for religious leaders, including ULC ministers, so ULC ordination is generally insufficient grounds to perform a legally binding wedding ceremony in the state.
It is important to obtain a valid Virginia marriage license and have a wedding ceremony in Virginia to ensure that the marriage is legally recognized. A couple who obtained a Virginia marriage license but had their wedding ceremony in Washington, D.C., was ruled by the Fairfax County Court as not validly married in Virginia due to the lack of a wedding ceremony in the state.
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Marriage is lawful regardless of sex, gender, or race of the couple
In the Commonwealth of Virginia, marriage is lawful regardless of the sex, gender, or race of the couple. Virginia repealed state laws prohibiting same-sex marriage in early 2020, and now recognises lawful marriages regardless of the sex, gender, or race of the parties.
For a wedding to be valid in Virginia, a couple must obtain a Virginia marriage license and have a ceremony within the state. The ceremony can be conducted by a justice of the peace at the time the license is issued, which counts as a Virginia ceremony. The officiant and both members of the couple must be physically present for the ceremony, and each party must clearly state their consent.
Virginia does not recognise online ordination for religious leaders, including ULC ministers. Ministers who officiate a marriage must be at least 18 years old, and officials may ask for proof of ordination and active membership in their religious organisation. There are no laws governing the minister's place of origin, creed, gender identity, or other demographic or religious factors.
Virginia Beach welcomes weddings in designated parks and park facilities, including First Landing State Park, which offers a beach, courtyard, gazebo, and amphitheatre for rent. Beach wedding permits allow exclusive use of the public beach for a three-hour time frame, including setup and breakdown. Amplified sound is permitted, but the city may impose reasonable restrictions on noise.
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Marriages between certain relatives are prohibited (e.g. siblings, aunts/uncles and nieces/nephews)
Marriages are allowed in Virginia, but there are some important legal requirements that couples must meet for the marriage to be valid. One of the most important requirements is that marriages between certain relatives are prohibited. Specifically, marriages between siblings, including siblings through adoption, are not allowed. This prohibition extends to marriages between aunts or uncles and their nieces or nephews, regardless of whether the relationship is by the whole blood or half blood. In other words, you cannot marry your aunt, uncle, sibling, niece, or nephew in Virginia, even if you are only related by adoption or share just one biological parent.
These restrictions are in place to prevent incestuous relationships, which are considered socially and morally unacceptable in most societies. While the specific laws governing marriage between relatives may vary from state to state, Virginia's laws reflect a broader societal consensus that certain relationships are too close for marriage.
It's worth noting that Virginia does allow marriages between first cousins. This means that cousins who are not immediate relatives, such as first cousins, are permitted to marry each other. However, any marriage that takes place between closer relatives, such as those mentioned earlier, is considered unlawful and will be void.
In addition to these restrictions, Virginia also prohibits bigamous marriages. This means that if either spouse is already married, the subsequent marriage will not be recognized as valid. This law applies even if the previous spouse is still living and the marriage has not been officially dissolved.
To ensure a valid marriage in Virginia, couples must adhere to these legal requirements. This includes obtaining a Virginia marriage license and conducting the marriage ceremony within the state, as a Virginia license is not sufficient for a marriage ceremony held outside of the state. By understanding and complying with these laws, couples can ensure their marriage is legally recognized and avoid any potential legal complications.
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The minimum age of the couple
In the Commonwealth of Virginia, a valid marriage requires two things: a Virginia license and a Virginia ceremony. The ceremony must be conducted within 60 days of obtaining the license.
Virginia lawmakers have recently passed a bill to raise the minimum age for marriage to 18. This bill is currently awaiting approval by Governor Glenn Youngkin. If approved, Virginia will become the 12th state to prohibit minors from getting married.
Currently, 16-year-olds in Virginia can marry if a judge signs off on it and emancipates the minor. However, this bill, if passed, would bar minors from getting married, addressing concerns raised by activists about abuse and forced marriages.
The bill has received support from individuals with personal experiences of being married as minors. Brigitte Combs, who was married at 15 to a 37-year-old man, shared her story with Virginia lawmakers, highlighting the potential for abuse and the need for legislative change.
In addition to the proposed minimum age requirement, Virginia law prohibits marriages between certain relatives, including siblings, aunts or uncles and nieces or nephews, and an earlier spouse who is still married. First cousins, however, are legally allowed to wed.
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Beach weddings are permitted in certain areas of Virginia Beach
Virginia Beach is a beloved vacation destination, offering a diverse and vibrant cultural scene, as well as a colorful collection of wedding locations. The beachfront venues provide a seaside escape for couples seeking an intimate ambiance with the sound of waves as their backdrop.
Virginia Beach offers a range of wedding options, from casual beach nuptials to luxurious hotel weddings. For those dreaming of a beach wedding, it is permitted in certain areas of Virginia Beach, with a permit. The City of Virginia Beach grants permits for ceremonies on public beaches, excluding Little Island Park. This permit is solely for the ceremony, and food, alcohol, and private receptions are not allowed on public property.
There are several restrictions for beach weddings in Virginia Beach. No vehicles are permitted on the boardwalk or beach, and parking restrictions must be followed. The city will not provide any services or block off designated areas for the ceremony. Additionally, no open flames, generators, glass, balloons, confetti, or fake flower petals are allowed due to environmental concerns.
For a valid marriage in Virginia, a couple must obtain a Virginia marriage license and conduct the ceremony within 60 days. The Virginia Beach Circuit Court Clerk's Office issues these licenses. The state has specific laws regarding who can officiate weddings, with requirements for ministers' age and proof of ordination. Virginia does not recognize online ordination for religious leaders, including ULC ministers, although local law may allow exceptions.
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Frequently asked questions
For a wedding to be legally valid in Virginia, the couple must have a Virginia marriage license and a ceremony that takes place in Virginia within 60 days of obtaining the license. The officiant and couple must be physically present for the ceremony, and each party must provide clear consent.
Yes, marriages between siblings, including those adopted into the family, and marriages between aunts or uncles and nieces or nephews are prohibited. Marriages are also not permitted if either spouse is already married. Virginia does allow marriages between relatives beyond siblings and aunts, uncles, nieces, and nephews, including first cousins. Same-sex marriage is also legal in Virginia.
Yes, beach weddings in Virginia require a permit, which costs $200 and must be applied for at least 45 business days in advance. The permit allows for exclusive use of the public beach for a three-hour time frame, including setup and breakdown. Amplified sound is permitted, but food and alcohol are not.
