Captains Performing Weddings: Legality And Requirements At Sea

Getting married at sea is a romantic fantasy for many, but can ship captains actually perform weddings? The short answer is no – in most cases, ship captains are not legally allowed to marry couples, unless they also happen to be a judge, justice of the peace, minister, or officially recognised officiant. While it is a common trope in films and TV shows, the idea that sea captains can marry couples is just a myth.

Captains can't marry people by virtue of their maritime license alone

It is a common misconception that ship captains can perform weddings at sea. This is a pervasive myth, and while some captains may have the authority to officiate weddings, it is not by virtue of their maritime license alone. In fact, no state has enacted a statute explicitly authorising ships' captains to officiate marriages based on their maritime license.

The misconception may have arisen from the historical notion that sea captains had near-absolute authority over their vessels. In the past, captains from many regions had the power to arrest and jail those aboard their ships, create birth and death certificates, and function as a notary for official documents like wills. They were also required to note in their logs when weddings occurred on their ship. This extra authority may have led to the belief that captains could legally marry couples.

However, this is not the case. In the United States Navy, for example, the Code of Federal Regulations explicitly states, "The commanding officer shall not perform a marriage ceremony on board his ship or aircraft." This regulation forbids captains from performing wedding ceremonies and also from allowing others to do so when at sea, due to the legal complications of marrying people in international waters.

While some countries, like Japan and Romania, do grant their sea captains the authority to officiate weddings, this is not a common practice. In most cases, ship captains are not legally allowed to perform weddings unless they also hold a position that is legally authorised to do so, such as a judge, justice of the peace, minister, or officially recognised officiant.

Therefore, while the romantic image of a wedding at sea with the ship's captain as the officiant may be appealing, it is important to recognise that captains cannot legally perform weddings solely by virtue of their maritime license.

Captains must fall into one of the categories of persons qualified to solemnize marriages

In most countries, ship captains do not have the authority to legally marry a couple. However, captains can perform weddings if they fall into one of the categories of persons qualified to solemnize marriages, as prescribed by the laws of the state they are in.

In the Commonwealth of Pennsylvania, for example, these qualified persons include active or retired justices, judges, or magisterial district judges of the Commonwealth; active or senior judges or full-time magistrates of the District Courts of the United States for the Eastern, Middle, or Western District of Pennsylvania; and mayors of any cities or boroughs of the Commonwealth, among others.

Similarly, in Bermuda, captains can perform weddings if their ship is registered in Bermuda. Japanese ship captains can officiate weddings if the couple has valid Japanese passports, and in Romania, aircraft captains are also given the same authority.

It is worth noting that, despite the legal restrictions, some people have chosen to have their weddings officiated by ship captains. The courts have been inconsistent in ruling on the validity of these marriages, with some recognizing them as valid while others do not.

Therefore, if you are planning a wedding at sea and want the ship's captain to officiate, it is essential to ensure they are legally qualified to do so in the state or country where the marriage will take place.

Captains can obtain extra certification to marry couples

While ship captains do not have any inherent authority to officiate weddings, some captains choose to go the extra mile and obtain additional certification to marry couples. This is a great way to earn some extra money and attract more people to their ship.

In most countries, captains require external certification to perform weddings. For example, in the United States, captains need to be ordained, which can be easily obtained through various organizations offering this service online, sometimes even for free.

In some countries, captains can obtain temporary permits to perform weddings in specific waters. For instance, captains of certain Alaskan routes can obtain temporary licenses to marry couples in designated Alaska waterways. After the wedding, the captain must mail the certificate to the local courthouse to be legally registered.

Similarly, captains of cruise ships travelling to Bermuda can perform weddings with licenses issued by the Bermudan government, but only when the ship is in international waters.

It is important to note that captains who perform weddings without proper certification may face legal repercussions. For instance, according to the U.S. Navy Code of Federal Regulations, an American captain who officiates a wedding may be reprimanded for breaking the rules and could even face fines or jail time if the ship is registered in New York.

Therefore, if you're planning a wedding at sea, ensure that your captain is qualified to perform the ceremony to avoid any legal complications.

Captains can perform weddings in Japan and Bermuda, with certain conditions

It is a common misconception that sea captains are able to officiate weddings. This idea likely originated from the historical reality that sea captains once had near-absolute authority over their vessels, including the ability to create birth and death certificates and function as a notary for official documents. However, this is no longer the case, and in most places, sea captains do not have the authority to legally marry a couple.

There are, however, a few exceptions to this rule. Captains can perform weddings in Japan and Bermuda, but certain conditions must be met. In Japan, sea captains are permitted to officiate weddings, but only if they are the captain of a Japanese ship and the couple getting married holds valid Japanese passports. Bermuda also allows ship captains to perform weddings, provided the ship they are captaining is registered in Bermuda. Additionally, the couple must be at least 21 years old and present picture identification as proof of age.

It is worth noting that even in places where captains are not legally authorized to perform weddings, they may still conduct wedding ceremonies with the understanding that the marriage is not legally binding. In these cases, the couple would need to get married officially in front of a judge or minister before or after their wedding at sea.

Captains can perform weddings in some US states, with certain conditions

While it is believed that captains can perform weddings at sea, this is not the case in most countries. In the United States, for example, the Navy Code of Federal Regulations expressly forbids captains from officiating weddings. If a captain on a US Navy ship performs a wedding, the marriage is not legally binding, and the captain may face repercussions for breaking the rules.

However, in some US states, captains can perform weddings under certain conditions. In Pennsylvania, for instance, "persons qualified to solemnize marriages" include active or retired justices, judges, or magisterial district judges of the Commonwealth. Therefore, if a ship's captain also falls into one of these categories, they are legally permitted to officiate a wedding. Similarly, in New York, a captain could be fined or face jail time for performing a wedding, unless they also hold a qualification that permits them to solemnize marriages.

Outside of the US, there are also some countries where captains can perform weddings. In Japan, for example, a ship captain can officiate a wedding as long as they are a captain of a Japanese ship and the couple has Japanese passports. A similar rule applies in Romania, where aircraft captains are permitted to perform weddings.

So, while it is not a common occurrence, it is indeed possible for ship captains to legally perform weddings in certain US states and other countries, provided they meet the necessary qualifications or conditions.

Frequently asked questions