Can A Notary Public Officiate Weddings In New Hampshire?

Can a Notary Public in New Hampshire Perform Weddings?

A notary public is a licensed professional who verifies signatures and identities of signatories. They are appointed by the Governor, with the advice and consent of the Executive Council. While a notary public can perform wedding ceremonies in some states, the laws vary depending on the state.

In New Hampshire, a notary public cannot perform wedding ceremonies. The state requires an approved officiant to perform the marriage ceremony, and this can be a member of the clergy, Justice of the Peace, or an individual certified to perform the ceremony.

Who can officiate a New Hampshire wedding?

If you're planning a wedding in New Hampshire, you'll need to make sure you have an approved officiant to perform the ceremony. So who can legally marry you in the Granite State?

A Justice of the Peace

A Justice of the Peace can officiate your wedding in New Hampshire. They must be commissioned by the state to do so.

A member of the clergy

A member of the clergy, such as a priest, minister, or rabbi, can officiate your wedding. They can be from any religious denomination.

A judge or magistrate

If you prefer a civil ceremony, a judge or magistrate can officiate your wedding.

An individual certified to perform the ceremony

In New Hampshire, you can also have your wedding officiated by an individual who is certified to perform the ceremony. This could be a friend or family member who becomes a temporary officiant for your wedding.

Important things to note:

• Your officiant does not have to be from New Hampshire, but if they are from out of state, they will need to obtain a special license and pay a fee.
• New Hampshire does not recognise a common-law marriage as a legal union.
• Same-sex marriage has been legal in New Hampshire since 2010.
• Both members of the couple must be at least 18 years old to marry. Minors who are at least 16 years old can marry with written permission from a legal guardian and a judge.
• You must obtain a marriage license from a Town Clerk's Office in New Hampshire before the wedding. The license is valid for 90 days.

What is a Notary Public?

A Notary Public is a licensed professional who verifies signatures on documents and confirms the identities of the people who sign them. They are appointed by the Secretary of State and are authorised to serve the public as an unbiased witness when performing legal formalities relating to the drafting or certifying of contracts, deeds, and other official documents. These acts are called notarizations or notarial acts.

Notary publics notarize documents for a variety of purposes, including financial transactions, legal documents, and vehicle documents. They must provide services according to the laws and regulations of the state they are operating in and must remain impartial to gain the public's trust.

To become a notary public, you must meet the requirements designated by your state. While this process varies from state to state, many processes require an application, a state application fee, a training course, the passing of an exam, the filing of a bond and oath of office, and the purchase of notary supplies.

In some states, notary publics can also perform wedding ceremonies and legally marry couples. They can perform the traditional aspects of the ceremony, including the marriage vows and completing the related matrimonial documentation, such as signing the marriage license and delivering it to the county clerk's office to obtain the marriage certificate. However, it is important to note that only a few states recognize a marriage certificate from a notary, and there are specific requirements that all parties should adhere to for the wedding ceremony to be legally accepted.

How can Notaries perform wedding ceremonies?

A notary public can perform a wedding ceremony, legally marry a couple, and act as a wedding officiant. However, this is not the case in all states. Only a few states recognize a marriage certificate from a notary, and there are specific requirements that all parties should adhere to for the wedding ceremony to be legally accepted.

Florida, Maine, Nevada, South Carolina, Tennessee, and Montana

These six states are the only ones that currently allow a notary to act as a wedding officiant. Even if the notary isn’t licensed as an officiant, the state recognizes the marriage as legal. In these states, notaries can perform the traditional aspects of the ceremony, including the marriage vows and completing the related matrimonial documentation, such as signing the marriage license and delivering it to the county clerk’s office to get the marriage certificate.

What to do if you are not in one of the six states

If you get a notary to perform the ceremony outside of these states, then your marriage certificate will not be legal unless that notary is also licensed as a wedding officiant in your state.

What to do before your marriage ceremony

If you’ve decided that you want a notary public to marry you in the six states where such a ceremony is allowed, there are a few things you should consider beforehand.

Ensure the marriage is valid

Marriage is a legally and formally recognized union of two people as partners in a relationship. This definition is crucial because 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.

Get a marriage license

Any couple that wants to get married needs to first obtain a marriage license. Couples can get these licenses in their county by applying through the local county clerk’s office. To apply for a marriage license, you will need the following documents:

• Identification for both individuals getting married, such as a passport, driver’s license, or social security card
• Payment for the administrative costs of the county clerk’s office that is issuing the license

Once you get your marriage license, it will have a validity period, depending on state regulations. For example, a marriage license issued in Florida is valid for 60 days after issuance. The wedding must happen during this validity period. Otherwise, you will need to get a new license.

Book your notary public

Once you get your marriage license and know the date you will get married, it’s time to book your notary public. You will need to make it clear that while the notary is a wedding officiant, they are officially on commission from the state where you are getting married. If the notary is not on official commission, the wedding becomes unofficial and is not legal.

Understand state laws on marriage ceremonies

Notaries can perform a wedding ceremony if you live in the states of Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. If you’re not in these six states, notaries cannot legally marry you without taking extra steps. What a notary must do varies by state, so it’s important to look at the current laws in your state to get an understanding of what’s legal.

Understand the requirements for notary publics to officiate wedding ceremonies

If you want to have a wedding with a notary—whether you’re in one of the six states that recognizes a notary as an officiant or you’re choosing a notary that’s also a licensed wedding officiant—there are a few considerations and requirements you should be aware of.

The location of the marriage ceremony is important

Notary publics can provide services in the state that they are licensed in. They can complete your wedding documentation, and if they are licensed, they can also officiate your wedding. However, a licensed notary cannot marry couples who are from another state. They also can’t go out of the state to perform a wedding. Florida notaries, for example, cannot marry out-of-state couples, and they cannot leave Florida to marry a couple in another state.

When you sign the marriage license matters

Once the county clerk issues the marriage license, you’ll need a notary to complete the notarization process to make it official. Notarization and the wedding ceremony have to be performed when the license goes into effect, which can be several days after the county clerk’s office issues it. In some states, such as Texas, there is a built-in waiting period of 72 hours between when you apply for the license and when you can get married. In Minnesota, Ohio, and Wisconsin, it’s a five-day waiting period. It’s also important to note that your marriage license will expire at some point. In general, marriage licenses expire after 30, 60, or 90 days, depending on the rules in your state. So, you don’t want to apply for the license too far in advance, get it months ahead of your actual ceremony, and end up with an expired license on the day of your wedding.

You might need wedding ceremony witnesses

When you have a notary public perform a marriage ceremony, witnesses are not usually needed. Some marriage licenses or certificates will have spaces for witnesses to sign, but you can complete the ceremony without witnesses if you get married through a notary in most states. There are, however, several states that require at least two witnesses. For example, in Delaware, Arizona, and Kansas, two witnesses who are at least 18 years of age are required at the ceremony.

What do you need to do before your marriage ceremony?

There are a few important steps to take before your marriage ceremony to ensure that everything goes smoothly and that your union is legally recognised. Here is a list of things to do before your big day:

• Obtain a marriage license: This is one of the most important pieces of legal paperwork you will need. The steps to obtaining a marriage license vary by county, so be sure to research the specific requirements for your area. Both members of the couple will need to apply for the license in advance of the wedding, as there is usually a waiting period between getting the license and the wedding.
• Gather necessary documents: When applying for a marriage license, you will typically need to provide identification for both individuals, such as a passport, driver's license, or social security card. If either party has been previously married, you may also need to present divorce or death records.
• Pay the administrative fees: There is usually a cost associated with obtaining a marriage license, which covers the administrative costs of the county clerk's office. The fee can vary depending on the state, but it is typically between $35 and $150.
• Understand the timing: Marriage licenses are only valid for a certain period, typically between 60 and 90 days. Be sure to check the issue date, effective date, and expiration date of your license to ensure your ceremony takes place within the valid time frame.
• Finalise the details: Confirm the final guest count and create a seating chart, especially if there are specific seating arrangement requests from family members. Finalise your payment to vendors and ensure you have the necessary funds, including tips for your vendors.
• Take care of yourself: The week before your wedding, prioritise self-care and stress-relieving activities. Get a manicure and pedicure, do a familiar facial, or take a relaxing bath. If you plan to change your hairstyle, do so a few weeks in advance to allow time to settle into the new look.
• Prepare your attire: Break in your wedding shoes to ensure comfort and practice walking in them, especially if you are wearing heels or walking on uneven terrain. If you are doing your own hair and makeup, now is the time to practice your wedding day look.
• Confirm with vendors: Recheck the details with all your vendors, including the time, date, and location of the wedding. Share your point person's contact information in case they need to reach you on your special day.
• Pack an emergency kit: Prepare a small bag with personal items and an emergency kit for your wedding day. This can include travel-size makeup products, hand sanitiser, tissues, bandages, safety pins, pain relievers, hair ties, and any other essentials.
• Charge your phone: Ensure your phone is fully charged before your wedding day, in case you need to make any last-minute calls or snap some photos.
• Finalise your vows: If you are writing your own vows, take some time to review and practice them. This will help you feel more comfortable reciting them in front of your guests and ensure a smooth delivery.
• Get a good night's rest: Try to get a full night's sleep before your wedding day, as it will likely be a busy and exciting day. Even if you feel restless, aim to get into bed at a decent hour and prioritise rest.

What are the requirements for Notary Publics to officiate wedding ceremonies?

To be a Notary Public in New Hampshire, one must be at least 18 years old and a resident of the state. The application process involves printing and completing the Notary Public Application, which includes an Acknowledgement of Criminal Record Check that must be completed and endorsed by two Notaries Public and one registered New Hampshire voter. The application, along with a $75 fee, is then mailed to the Secretary of State's Office.

In terms of requirements for Notary Publics to officiate wedding ceremonies, there are a few key points to consider. Firstly, the location of the marriage ceremony is crucial. Notary Publics can only provide services within the state they are licensed in, and they cannot marry couples from another state or travel out of state to perform a wedding. For example, a Notary Public in Florida cannot marry out-of-state couples or leave Florida to officiate a wedding in another state.

Secondly, timing is essential. Once the marriage license is issued by the county clerk, there is typically a waiting period before the license becomes effective, and the notarization and wedding ceremony must take place within this validity period. This waiting period varies by state, with Texas having a 72-hour waiting period and Minnesota, Ohio, and Wisconsin having a five-day waiting period. Additionally, marriage licenses have an expiration date, typically 30, 60, or 90 days from the issuance date. Therefore, couples should be mindful of the license issue date, effective date, and expiration date to ensure their ceremony and signing occur within the valid timeframe.

Thirdly, while witnesses are not usually required when a Notary Public performs a wedding ceremony, there are a few states, such as Delaware, Arizona, and Kansas, that mandate the presence of at least two witnesses who are at least 18 years old.

Lastly, costs for notary services vary, with fees for regular notarial services ranging from $5 to $25. For wedding ceremonies, the Notary Public can set their own fees for marrying two individuals.

Frequently asked questions