Notary Weddings: Legality And Ceremony Performance

A notary public can officiate a wedding ceremony, but there are some important conditions to be aware of. Firstly, this is only possible in certain states, such as Florida, Maine, and South Carolina. Secondly, the notary must be commissioned by the state in which they are performing the ceremony. Thirdly, the couple must have a valid marriage license, which the notary must witness being signed. Finally, there may be additional state-specific requirements, such as a waiting period between the issuance of the license and the ceremony. So, while it is possible for a notary to perform a wedding ceremony, it is important to check the specific laws and regulations of your state.

In which US states can a notary marry a couple?

A notary public can perform a wedding ceremony and legally marry a couple in some US states. However, only a few states recognize a marriage certificate from a notary, and there are specific requirements that must be met for the wedding to be legally accepted.

Until recently, only four states allowed a notary to act as a wedding officiant: Florida, Nevada, Maine, and South Carolina. In 2021, Tennessee and Montana were added to the list, bringing the total number of states that allow notaries to perform weddings to six.

In these six states, notaries can perform traditional aspects of the ceremony, including the marriage vows, and complete the necessary documentation, such as signing the marriage license and delivering it to the county clerk's office.

It is important to note that a notary public must be commissioned by the state they are licensed in to perform a wedding ceremony. They cannot marry couples from another state or travel out of their state to perform a wedding. For example, a Florida notary cannot marry out-of-state couples and cannot leave Florida to marry a couple in another state.

Before planning a wedding with a notary public as the officiant, it is essential to check the specific laws and regulations of the state regarding marriage validity and the requirements for a notary to become a licensed wedding officiant.

What are the requirements for a valid marriage?

Marriage is a legally and formally recognised union of two people as partners in a relationship. This definition is crucial as it sets the tone for a serious and solemn ceremony. Marriage cannot be done in jest or as a spontaneous gesture. It must be a willing union to commit to a legal contract, so neither party can be coerced to marry. If the couple is getting married in a non-serious or fraudulent manner and has not respected the regulations that govern marriage, the marriage certificate can be invalidated later.

Any couple wishing to get married must obtain a marriage licence before the wedding. Marriage licences are issued by counties, and you can apply for one at your local county clerk's office. The requirements for obtaining a marriage licence vary across states, but generally, you will need the following documents:

• Identification for both individuals, such as a passport, driver's licence, or social security card.
• Payment for the administrative costs of the county clerk's office.

Once obtained, the marriage licence is typically valid for a set period, usually 60 days, and the wedding must take place within this window. There may also be a waiting period of several days between receiving the licence and when the wedding can be held. It is important to note that marriage licences do expire, usually after 30, 60, or 90 days, so couples should not apply too far in advance.

For the marriage to be valid, both parties must be physically present at the ceremony and must freely and voluntarily consent to the union without any evidence of force or duress. The officiant should use their judgement to ensure that both individuals are of sound mind and willing to get married.

If you are considering having a notary public officiate your wedding, it is important to note that only a few states recognise notary publics as wedding officiants. These states include Florida, Maine, South Carolina, Tennessee, and Montana. In other states, notary publics may be able to obtain additional qualifications or authorisations to perform weddings. It is important to check the specific laws and regulations of your state.

Additionally, notary publics can only perform weddings within the state in which they are licensed and cannot marry couples from out of state. The location of the wedding ceremony is, therefore, an important consideration. The marriage licence must also be returned to the issuing county clerk's office after the wedding, along with the original signatures.

Witness requirements for wedding ceremonies vary. While some states require at least two witnesses, a notary public can generally perform the ceremony without witnesses, even if the marriage licence or certificate includes spaces for witness signatures.

By ensuring compliance with the legal requirements and working with an authorised officiant, couples can be confident in the validity of their marriage.

What are the duties of a notary during a wedding ceremony?

A notary public can officiate weddings, legally wed couples, and perform other wedding-related duties. However, this is only the case in some states, including Florida, Maine, South Carolina, Tennessee, and Montana. In other states, a notary may be able to perform a wedding if they have additional qualifications or authorisations.

Location

The location of the wedding ceremony is crucial. A notary public can only offer their services in the state where they are licensed. They cannot marry couples from another state or perform weddings outside of their licensed state. For example, a Florida notary cannot marry out-of-state couples nor can they leave Florida to perform a wedding.

Marriage License

The couple must obtain a marriage license before the wedding, which is issued by the local county clerk's office. The notary must ensure that the license is valid and has been signed by both individuals before the ceremony. The notary is responsible for returning the completed marriage license to the issuing clerk's office after the wedding.

Timing

The marriage ceremony and notarization must be completed when the license is valid, which may be several days after it is issued. There may be a waiting period between obtaining the license and the wedding, which varies by state. Marriage licenses also have an expiration date, typically 30, 60, or 90 days after issuance, so it is important to plan the wedding within this timeframe.

Witnesses

In most states, a notary public can perform the wedding ceremony without witnesses, even if the marriage license or certificate has spaces for witness signatures. However, some states require at least two witnesses who are at least 18 years old.

Solemnization

A notary public will solemnize the marriage by asking the couple to read their vows and express their consent to marry. Once both parties consent, the notary may invite them to exchange rings and repeat the traditional marriage oath. After the ceremony is complete, the notary can pronounce the couple as married.

Fees

Notary services typically come with fees, which vary depending on the services provided. The fees for a notary to perform a wedding ceremony are usually set at the discretion of the notary public.

What are the costs of a notary wedding?

The cost of a notary wedding varies depending on the state and the services offered by the notary public. In Florida, for example, a public notary must be paid a $20 fee to perform the ceremony. This is in addition to the cost of the marriage license, which typically costs around $94 in the state. Some notaries in Florida may also offer additional services, such as photography, flowers, or cake, for an extra fee.

In other states, the cost of a notary wedding can range from $5 to $25 for the "regular" notarial services, with the fee for marrying two individuals left to the discretion of the notary public. It is important to note that not all states allow public notaries to officiate weddings, and there may be additional costs associated with obtaining the necessary licenses and certifications.

When considering the cost of a notary wedding, it is important to factor in any travel fees, booking fees, and additional services that the notary may provide. It is also crucial to discuss and agree on the fees in advance to ensure there are no surprises.

Additionally, some states may have specific guidelines or requirements for notaries officiating weddings, which could impact the overall cost. For example, in Florida, there is a three-day waiting period after the marriage license is issued before the ceremony can take place. This may require additional planning and coordination, which could impact the cost.

Overall, the cost of a notary wedding can vary depending on a number of factors, including the state, the services offered, and any additional requirements or guidelines that need to be met. It is always a good idea to discuss fees and services in detail with the notary public before making any final plans or commitments.

What are the benefits of a notary wedding?

A notary wedding offers several benefits to couples looking to tie the knot. Here are some advantages of choosing a notary as your wedding officiant:

Choice of Wedding Venue

Notary weddings offer flexibility when it comes to choosing your wedding venue. While civil marriages often take place in a courthouse or city hall, a notary can officiate your wedding at a location of your choice, such as your home, a reception hall, or an outdoor space, as long as it is suitable for the celebration. This allows you to personalise your wedding and create a unique experience.

Access to Legal Advice

Notaries are licensed professionals with expertise in various legal matters. They can provide valuable insights and advice on topics like matrimonial regimes, the legal consequences of marriage, civil union contracts, and testaments. This access to legal expertise can be especially beneficial for couples looking to navigate the complexities of marriage laws and regulations.

Flexible Timing

With a notary as your officiant, you are not limited to the standard office hours of a courthouse or city hall. Notaries can perform weddings any day of the week, including weekends, and often offer more flexible timing options. This flexibility allows you to choose a date and time that works best for you and your guests.

Shorter Waiting Period

In some cases, notary weddings can help expedite the marriage process. The waiting period for a courthouse wedding can be lengthy, but with a notary as the celebrant, the delay can be significantly shortened. In certain jurisdictions, the deadline for the publication of the notice of marriage can be reduced to as little as 20 days, allowing couples to tie the knot sooner rather than later.

Streamlined Paperwork

Even if you choose not to have a notary officiate your wedding, their services can still be invaluable in handling the administrative aspects of getting married. Notaries can assist with notarising life documents, witnessing signatures on the marriage license, and handling name change paperwork. This helps streamline the paperwork process, ensuring that all the necessary legal documentation is in order for your special day.

Frequently asked questions