Captains: Legally Binding Weddings At Sea?

It is a common belief that captains of ships can officiate weddings, but this is mostly untrue. Captains are not legally allowed to perform weddings unless they are also pastors, ministers, judges, justices of the peace, or civil authorities. In the United States Navy, a captain is explicitly forbidden from officiating weddings, and some countries have similar regulations. However, there are exceptions in certain countries like Japan, Bermuda, and Romania, where captains are allowed to perform weddings under specific conditions. Some captains obtain additional credentials, such as ordination as ministers, to legally perform weddings.

Sea captains in Japan, Bermuda, and Romania can marry couples

It is a common misconception that ship captains are authorised to perform weddings at sea. In most countries, captains do not have the legal power to conduct weddings by virtue of their rank. However, there are a few exceptions to this rule, including Japan, Bermuda, and Romania.

In Japan, ship captains can legally marry couples who are Japanese citizens with valid Japanese passports. This is also the case in Romania, where aircraft captains are also granted the same authority. Bermuda law allows captains of ships registered in Bermuda to perform weddings within their territorial waters. These exceptions have led to the perception that sea captains can officiate weddings, and some captains have obtained additional certification to perform weddings as a way to earn extra income.

To legally officiate weddings, ship captains must hold certain positions or have specific qualifications. They must be judges, justices of the peace, notary publics, or ordained ministers recognised by organisations authorised to perform marriages. The requirements vary depending on the location and jurisdiction of the wedding.

While the authority of sea captains to perform weddings is limited, it is possible for couples to have a wedding ceremony at sea with a sea captain, followed by a separate legally binding ceremony. Some cruise lines offer wedding packages that include a sea captain ceremony and an official ceremony conducted by a certified individual.

Captains of British-flagged vessels can perform marriages

There is a common belief that ship captains can perform weddings, and this is true to an extent. While captains do not have any inherent authority to officiate weddings, there are some exceptions. In the case of British-flagged vessels, captains are permitted to perform marriages.

Exceptions to the Rule

Firstly, it is important to note that this permission is not universal and there are several exceptions. For example, in the United States Navy, a captain's powers are explicitly limited by the 1913 Code of Regulations, which states:

> "The commanding officer shall not perform a marriage ceremony on board his ship or aircraft. He shall not permit a marriage ceremony to be performed on board when the ship or aircraft is outside the territory of the United States."

Similarly, captains of Dutch-flagged vessels may no longer perform marriages due to the presence of foreign captains sailing on these ships.

Additional Credentials

In some cases, captains may obtain additional credentials, such as ordination as ministers of religion or accreditation as notaries public, which allow them to perform marriages in certain jurisdictions.

Historical Context

The myth that ship captains can perform weddings may have originated from the historical authority captains held during long sea voyages, which could last for months or even years. During these journeys, the captain was the ultimate authority and had jurisdiction over the people on the ship.

Legal Recognition

It is important to note that even if a captain performs a wedding ceremony, it may not be legally binding unless the captain also holds a qualification that allows them to solemnize marriages according to the laws of the relevant state or country. The legal recognition of such marriages has been inconsistent, with courts in different cases ruling both in favour and against their validity.

Alternative Options

If you are considering a wedding at sea, there are alternative options to ensure the ceremony is legally binding. Many cruise lines offer wedding packages that include licensed officiants, who can perform the ceremony while the ship is docked in a port.

Planning Considerations

When planning a wedding at sea, it is important to consider the limited space on ships, which usually restricts the number of guests. Additionally, there may be specific requirements and restrictions imposed by the port or cruise line that need to be followed.

Captains can marry couples in international waters, but the marriage may not be legally recognised in the couple's home country

It is a common belief that captains can marry couples at sea, but this is largely a myth. In most countries, captains do not have the authority to officiate weddings, and a marriage performed by a ship's captain may not be legally recognised.

There are, however, some exceptions. Captains of ships registered in Bermuda, Malta, the Bahamas, and Japan (for Japanese citizens only) are permitted to perform marriages at sea. In the United States, there have been contradictory legal precedents, with some courts recognising shipboard marriages while others do not. For example, a New York court recognised a shipboard marriage in Fisher v. Fisher (1929), while a California court did not recognise a similar marriage in Norman v. Norman (1898).

To complicate matters further, some cruise lines offer wedding packages that include licensed officiants, who are authorised to perform marriages in certain waters or ports. In these cases, the couple gets the sea captain wedding ceremony they wanted, along with the legally binding ceremony as well.

It's important to note that even if a captain is authorised to perform marriages in certain jurisdictions, the marriage may not be legally recognised in the couple's home country. Therefore, it is essential to verify the legal status of any marriage performed by a ship's captain before assuming it is valid.

The myth that ship captains can perform weddings may have originated from the idea that, in the past, sea voyages lasted for months or even years. If the captain was the ultimate authority and the ship was in international waters, it seemed logical that the captain could marry people within their jurisdiction. However, this belief is not supported by the laws of most countries.

In the US, captains can marry couples if they are also an ordained minister, judge, justice of the peace, or a Notary Public

While it is a common belief that captains can marry couples, this is not the case in most countries. In the United States, captains cannot perform marriages by virtue of their maritime license alone. However, if a captain is also an ordained minister, judge, justice of the peace, or a Notary Public, they are authorised to perform weddings.

In the US Navy, captains are explicitly forbidden from performing weddings on their ship or aircraft, according to the 1913 Code of Regulations. This regulation also forbids captains from allowing weddings to be performed on board when outside US territory. However, there may be exceptions "in accordance with local laws and the laws of the state, territory, or district in which the parties are domiciled".

Some US states have specific requirements for who is qualified to solemnise marriages. For example, in Pennsylvania, these qualified persons include active or retired justices, judges, or magisterial district judges, and ministers, priests, or rabbis of any regularly established church or congregation.

Despite these regulations, some people have chosen to have boat captains officiate their weddings, and the courts have been inconsistent in ruling on the validity of these marriages. In some cases, like Fisher vs. Fisher, a court ruled that a marriage solemnised by a ship's captain was valid. In contrast, in Norman vs. Norman, a court ruled that such a marriage was not valid.

To legally get around this issue, some cruise lines offer wedding packages that include licensed officiants. In these cases, the wedding can take place on the ship while it is docked in a US or Caribbean port.

Some cruise lines have a staff member on board who is qualified to marry couples

While captains generally do not have the legal right to officiate weddings at sea, some cruise lines have a staff member on board who is qualified to marry couples. For example, captains aboard Princess Cruises' Golden Princess, Star Princess, and Grand Princess may perform weddings, as most of their captains have Bermuda licenses to perform weddings. This is due to a Bermuda law that allows ship captains to officiate weddings, as long as the ship is registered in Bermuda.

In addition, some sea captains have chosen to obtain the extra certification required to officiate weddings. In some regions, such as the United States, it is relatively easy to become ordained, with various organizations offering this service online, sometimes even for free.

Furthermore, some cruise lines offer wedding service packages and ensure that there is an individual on board with the required certification to officiate the wedding. This way, couples can have the sea captain wedding ceremony they desire, along with the legally binding aspect taken care of by the certified individual.

It is important to note that certain countries, such as Japan and Romania, grant their sea captains the authority to officiate weddings for their citizens. In Japan, captains can perform marriage ceremonies for couples with valid Japanese passports, while Romanian law also extends this privilege to aircraft captains.

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