Officiating And Notarizing: Who Can Do Both?

When it comes to officiating a wedding, there are a few different options to choose from. Religious figures such as priests, ministers, and rabbis are popular choices, while public figures like judges, court clerks, and justices of the peace are also authorized to perform wedding ceremonies. However, in some states, there is a third, lesser-known option: a notary public. A notary public is a licensed professional who can verify the signatures and identities of those signing documents. While they typically handle financial transactions, legal documents, and vehicle documents, among other things, they can also act as a wedding officiant in certain states. So, can a wedding officiant notarize a marriage certificate?

States where a notary can officiate a wedding

A notary public can officiate a wedding in the following states:

• Florida
• Maine
• Nevada
• South Carolina
• Tennessee
• Montana

In these states, a notary can perform the traditional aspects of the wedding ceremony, including the vows and completing the related documentation, such as signing the marriage license.

In other states, notaries can still perform certain tasks related to the marriage, such as notarizing life documents, witnessing signatures on the marriage license, and notarizing documents required for name changes. However, they cannot legally marry a couple unless they are also licensed as a wedding officiant in that state.

Requirements for a marriage to be valid

For a marriage to be valid, it must comply with certain legal requirements. These requirements vary depending on the location of the marriage and the type of ceremony. Here are the key requirements for a marriage to be considered valid:

Age Requirements:

In most places, individuals must be at least 16 years old to marry. In some jurisdictions, such as England and Wales, individuals under 18 years old will need parental consent to marry. It's important to check the specific age requirements for the location where the marriage will take place.

Prohibited Relationships:

You are prohibited from marrying certain classes of people, such as siblings, parents, children, grandparents, grandchildren, etc. The specific prohibited relationships may vary depending on the jurisdiction, so it's important to refer to the laws of the relevant country or state.

Valid Location and Time:

The marriage ceremony must take place at a licensed location, such as an approved premises, a registered building, or a place of worship. The time of the ceremony is also important, as it typically needs to be held between certain hours, commonly between 8 am and 6 pm.

Pre-Publicity:

In many places, the marriage must be pre-publicised, either by the pronouncement of banns or by publication of a notice. This means that the intention to marry must be made public in some way before the ceremony takes place.

Witnesses:

A valid marriage must be witnessed. The specific number of witnesses required can vary, but typically, at least two witnesses must be present during the ceremony and sign the necessary documents.

Valid Officiant:

The marriage must be officiated by an authorised person, such as a religious leader, a judge, a court clerk, a notary public (in certain states), or a licensed wedding officiant. The requirements for who can solemnize a marriage vary by jurisdiction, so it's important to check the local laws.

Marriage License:

A marriage license is typically required and must be obtained before the ceremony. The process for obtaining a marriage license can vary but usually involves providing necessary documents and paying administrative fees. The license is typically valid for a specific period, and the marriage must take place within that timeframe.

Consent:

Both parties must freely consent to the marriage. Any form of coercion, duress, or unsoundness of mind can invalidate the marriage.

Ceremony Requirements:

The ceremony must comply with certain requirements, which can vary depending on the type of ceremony (civil or religious). For example, civil ceremonies typically cannot include religious content or music, while religious ceremonies must follow the rituals and traditions of the particular faith.

Registration and Certification:

The marriage must be registered with the appropriate authorities, and a marriage certificate must be issued to the couple. This ensures that the marriage is officially recognized and recorded.

It is important to note that the requirements for a valid marriage may differ slightly depending on the specific jurisdiction where the marriage takes place. Therefore, it is always advisable to refer to the laws and regulations of the relevant country or state to ensure that all necessary requirements are met.

The role of a wedding officiant

A wedding officiant is a person who performs a wedding ceremony and is responsible for ensuring the marriage is legally recognised. The role of a wedding officiant can be fulfilled by different people depending on location and type of ceremony. For example, religious figures such as priests, ministers and rabbis can officiate weddings, as can public figures such as judges, court clerks and justices of the peace.

In some states, a notary public can also act as a wedding officiant. A notary public is a licensed professional who verifies the signatures and identities of those signing documents. In the context of a wedding, a notary public can perform the traditional aspects of the ceremony, including the vows, rings and oaths. They can also complete the necessary documentation, such as signing and delivering the marriage license to the relevant authority.

However, it is important to note that not all states allow notary publics to officiate weddings. At present, only Florida, Maine, Nevada, South Carolina, Tennessee and Montana permit a notary to act as a wedding officiant. In other states, a notary public would need to become ordained or apply for a temporary one-day marriage designation to officiate a wedding.

If a wedding is taking place in one of the six states that recognise notary publics as officiants, there are still several requirements that must be met. The notary must be commissioned by the relevant state, and the ceremony must take place within that state. Both parties must be physically present and provide identification and a valid marriage license. The officiant must also ensure that both parties are consenting to the marriage of their own free will. After the ceremony, the officiant must complete the marriage certificate, including signatures from the couple and any witnesses, and return it to the relevant authority within a specified timeframe.

Obtaining a marriage license

Identify the Requirements

The requirements for a marriage license can vary depending on your location. In some places, you may need to provide specific documents, such as identification for both individuals, while other locations may have additional requirements. It is essential to check with your local authorities to understand the specific requirements for your area.

Visit the Relevant Office

Marriage licenses are typically issued by local authorities, such as the town or city office. In some cases, you may be able to obtain a license from the county clerk's office. Both individuals should visit the office in person to apply for the license. If you are residents of different locations, you may have the option to choose where to apply.

Provide Necessary Documents

When applying for a marriage license, you will usually need to present identification for both individuals, such as a passport, driver's license, or social security card. If either of you has been married before, you may also need to provide a certified copy of the divorce decree or death certificate of the previous spouse. Other documents, such as birth certificates or proof of residency, may also be required, so be sure to check with the relevant office beforehand.

Pay the Administrative Fees

Understand the Validity Period

Marriage licenses are typically valid for a limited period, such as 60 or 90 days. This means that your wedding must take place within this timeframe. Be sure to plan your wedding date accordingly and allow enough time for the license to be processed.

Complete Any Additional Steps

Depending on your location, there may be additional steps or requirements. For example, if either of you is under the legal age of marriage, you may need to provide parental consent or a court order. There may also be specific requirements for the wedding ceremony, such as having witnesses present, so be sure to understand all the necessary steps to ensure your marriage is legally valid.

The cost of notary marriage services

In other states, the fees for "regular" notarial services can range from $5 to $25, while the cost of marrying two individuals is typically left to the discretion of the notary public. It is important to note that notary fees should be reasonable, agreed upon in advance, and may include additional charges for travel and booking.

When planning a wedding, it is essential to consider the cost of notary services, especially if you intend to have a notary public officiate your ceremony. These fees can vary based on location and the specific services required, so it is recommended to contact local notary publics to inquire about their rates and services offered.

Additionally, some notary publics may offer specialised services or packages, such as photography, flowers, music, or calligraphy, which can further influence the overall cost of their marriage services. It is worth discussing these options with your chosen notary public to ensure you understand the full range of services and associated costs.

By considering the standard fees, additional charges, and specialised services offered by notary publics, you can make an informed decision about the cost of notary marriage services and choose a notary that best suits your needs and budget.

Frequently asked questions