Friend Wedding Officiant: Utah's Legal Requirements

If you're planning to tie the knot in Utah, you might be wondering if your friend can officiate your wedding. The good news is, it's possible! In Utah, there are no requirements regarding the state of residence, gender, or religious belief of the officiant. However, your friend must be at least 18 years old and needs to be ordained by a religious organization. They can get ordained online through organizations like the Universal Life Church or American Marriage Ministries. It's also important to note that your friend doesn't need to register with any government office in Utah, but they should keep records of their official ministry credentials as proof of ordination. So, if your friend is legally ordained and meets the age requirement, they can officiate your wedding in Utah and make your special day even more memorable!

Who can officiate a wedding in Utah?

Utah's marriage laws are unique, and while the state does not require wedding officiants to register with any government office, there are specific requirements for who can legally officiate a wedding.

According to Utah law, the following individuals are authorised to solemnize a marriage:

• An individual 18 years or older who is authorised by a religious denomination to solemnise a marriage.
• Native American spiritual advisors.
• The lieutenant governor.
• Mayors of municipalities or county executives.
• A justice, judge, or commissioner of a court of record.
• A judge of a court not of record of the state.
• Judges or magistrates of the United States.
• The county clerk of any county in the state or the county clerk's designee.
• The president of the Senate.
• The speaker of the House of Representatives.
• A judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.

Additionally, Utah Code Title 30 allows for a County Clerk Designee to solemnise marriages. This means that a couple can select a person to be authorised to perform their wedding ceremony. This option can be utilised for someone to be authorised by the County Clerk to officiate at a single marriage ceremony within the State of Utah.

It is important to note that while there is no requirement for officiant registration, there are laws specifying who can solemnise a marriage. To legally officiate a wedding in Utah, one must fall under the categories mentioned above.

Do officiants need to register?

In Utah, wedding officiants are not required to register with any government office. However, to be able to legally perform a marriage, one must be an ordained minister. Local regulations in Utah stipulate that wedding officiants under the designation of "Minister" be ordained by a religious organization.

While registration is not mandatory, it is advisable to keep personal records of official Ministry Credentials. Proof of ordination may be requested by the couple, government officials, or the wedding venue. This proof can be obtained through an Ordination Package, which includes an Ordination Certificate and a Letter of Good Standing. The Letter of Good Standing is signed by a church officer, dated, and notarized.

In addition to being ordained, there are other requirements that officiants must meet. Officiants must be at least 18 years old and cannot delegate or deputize another individual to perform the function of solemnizing a marriage.

Who can solemnize a marriage in Utah?

According to Utah Code 30-1-6, the following individuals may solemnize a marriage:

• An individual 18 years or older who is authorized by a religious denomination to solemnize a marriage
• Native American spiritual advisors
• The lieutenant governor
• Mayors of municipalities or county executives
• A justice, judge, or commissioner of a court of record
• A judge of a court not of record of the state
• Judges or magistrates of the United States
• The county clerk of any county in the state or the county clerk's designee
• The president of the Senate
• The speaker of the House of Representatives
• A judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court

What are the officiant's duties?

Yes, your friend can officiate your wedding in Utah. In fact, it's becoming a growing trend among couples to have a close family member or friend officiate their weddings, especially if they are not affiliated with a religious institution or prefer a secular ceremony.

Now, what are the duties of the officiant?

Before the Wedding Day

The officiant must ensure that the couple has filed for a marriage license with the state or county before the wedding ceremony. A wedding will not be legitimate without a marriage license. In Utah, the couple must apply for a marriage license in person at the county clerk's office of any county. The officiant should also remind the couple not to get the license too far in advance so that the certificate doesn't expire before the wedding day.

The officiant should meet with the couple to discuss their vision for the ceremony, the tone they want to set, and any traditions or readings they would like to include. The officiant is responsible for creating a program that reflects the couple's desires and ensures a smooth flow for the ceremony.

On the Wedding Day

The officiant has two main duties on the wedding day: conducting the wedding ceremony and completing the marriage license. The former is a non-legal duty, while the latter is a legal duty.

The officiant must ask the couple to present their marriage license before the ceremony and confirm its validity. After the ceremony, the officiant is responsible for completing and signing the marriage license in the presence of the couple and any required witnesses. In Utah, two adult witnesses are required.

The officiant must return the completed marriage license to the county clerk promptly after the ceremony, usually within 30 days, to comply with state law.

During the Rehearsal

The officiant leads the wedding party at the ceremony rehearsal, which is usually the day before the wedding. They brief the wedding party on their roles, such as when to walk down the aisle and where everyone should stand. The officiant ensures that everyone is prepared and that nothing is missed on the wedding day.

During the Ceremony

The officiant performs the wedding ceremony, including the two key elements that make it binding and legal: the declaration of intent ("Do you take...??") and the pronouncement of the couple as married.

Post-Wedding Actions

The officiant may have some post-wedding duties, such as recording the wedding details and sharing them with the relevant organizations.

Overall, the Officiant's Role is to:

• Be a mirror of the couple's desires and expectations for their ceremony.
• Remind the couple that the wedding is all about them and help reconnect them to the joy of their special day.
• Be the "anti-stress pill" and provide reassurance and support to the couple and wedding party.
• Explain and define the flow of the ceremony, rituals, and the timing of events.
• Make public announcements and gather the guests to be involved and focused on the ratification of the couple's marriage.

What are the requirements for a valid marriage?

To be valid, a marriage in Utah must meet several requirements. These include the age of the couple, their consent, the officiant's credentials, and the completion and return of the marriage license.

Age Requirements

In Utah, individuals must be at least 18 years old to marry without parental consent. Minors aged 16 or 17 can get married with written consent from a parent or guardian and approval from a juvenile court. The juvenile court may impose additional requirements, such as premarital counselling. Additionally, the age difference between partners cannot be greater than seven years for minors.

Consent

Both partners must consent to the marriage. This consent is typically given in the form of "I do" during the wedding ceremony.

Officiant Credentials

The officiant must be authorised to perform the marriage. In Utah, this can include individuals such as ministers, rabbis, priests, county clerks or their designees, Native American spiritual advisors, the governor, mayors, judges, and other designated legislative members. The officiant should be at least 18 years old and may need to provide proof of ordination or credentials.

Marriage License

The couple must obtain a marriage license from the county clerk's office and present it to the officiant on the wedding day. The officiant is responsible for completing and returning the license to the issuing office within 30 days of the wedding. The license typically requires signatures from the couple, the officiant, and at least two adult witnesses.

Additional Requirements

Utah has specific laws regarding incestuous marriages, which are prohibited between close relatives, including first cousins, except when both parties are older than specific ages and unable to reproduce.

To summarise, a valid marriage in Utah requires the couple to meet the age requirements, provide consent, have an authorised officiant, and complete and return the marriage license within the specified timeframe.

How do you get a marriage license?

To get a marriage license in Utah, you need to apply for a marriage license and have the marriage solemnized. You can apply for a marriage license at any county clerk's office in the state. Here is a step-by-step guide on how to get a marriage license in Utah:

Step 1: Gather the Required Documents

Before heading to the county clerk's office, ensure you have all the necessary documents. This includes valid photo identification for both applicants, such as a passport, driver's license, birth certificate, or state ID card. You will also need to provide your Social Security numbers, full names, addresses, dates and places of birth, and the names and birthplaces of both parents, including the mother's maiden name.

Step 2: Complete the Application

Both applicants must be present at the county clerk's office to complete the application in person. You will need to provide the required documentation and fill out the necessary forms. Be prepared to pay a license fee, which includes two certified copies of the license. The fee varies by county but is generally between $35 and $85. Some counties may require additional documentation, especially if either partner has been divorced in the previous 30 days.

Step 3: Receive the Marriage License

Once your application is approved, you will be issued a marriage license. There is no waiting period in Utah, so you can get married on the same day you receive the license! However, the license is only valid for 32 days, so be sure to plan your wedding within this timeframe.

Step 4: Have the Marriage Solemnized

To legally marry in Utah, you must have your marriage solemnized by an authorized officiant. This can be a minister, rabbi, priest, county clerk, Native American spiritual advisor, the governor, mayors, court commissioners, judges, state attorney general, state treasurer, state auditor, or particular members of the legislature. Two witnesses over the age of 18 must also be present at the wedding ceremony.

Step 5: Return the Completed License

After the wedding ceremony, the officiant has 30 days to return the completed and signed marriage license to the county clerk's office. The officiant should sign the license with their official title, and both parties should sign with their normal signatures. The officiant should also include the date and place of the wedding and the names of the two witnesses.

Frequently asked questions