Lyla Dejesus
Planning a wedding can be a daunting task, especially if you want to make sure it's legal. The requirements for a legal wedding vary depending on your location, so it's important to do your research. Here are some key things to keep in mind to ensure your wedding is legally binding:
- Marriage License: Almost every jurisdiction requires a marriage license, which can be obtained from your local clerk's office. There may be specific requirements, such as an age limit, marital status, capacity, and blood tests.
- Officiant: Your wedding must be officiated by a recognized official, such as a religious leader or a government official. Some states allow ordinary people to get ordained and perform weddings.
- Witnesses: Most states require one or two witnesses to be present during the ceremony and sign the marriage certificate.
- Ceremony: While the specifics of the ceremony can vary, there are usually two critical elements: the declaration of intent (Do you take.../I do) and the pronouncement, where the couple is officially pronounced married.
- Filing: After the ceremony, the officiant or the couple must file the signed marriage certificate with the appropriate government office, such as the county recorder's office.
It's important to remember that the requirements may differ depending on your location, so be sure to consult local laws and regulations. Additionally, if you're planning a destination wedding, consider getting legally married before or after the ceremony to avoid legal hassles.
| Characteristics | Values |
|---|---|
| Marriage license | Required in most states, obtained from the county clerk |
| Declaration of Intent | "I do" or "I will" |
| Pronouncement | Where the wedding minister officially pronounces the couple as married |
| Officiant | A recognized official, e.g. priest, minister, rabbi, judge, clerk, notary public |
| Witnesses | One or two people to witness the ceremony and sign the marriage certificate |
| Age | Most states require the couple to be 18 or over |
| Marital status | Both parties must be single, divorced, or legally separated |
| Capacity | Both parties must be of "sound mind" |
| Consanguinity | Some states prohibit close relatives from marrying |
| Waiting period | Some states require a waiting period between obtaining the license and the ceremony |
| Blood tests | Some states require blood tests |
What You'll Learn
Marriage license requirements
In the Philippines, the requirements for a marriage license include a Certificate of Live Birth (COLB) of the applicants, a CENOMAR of the applicants, a valid ID of the applicants, and parental consent or advice depending on age. If the applicants have been previously married, additional documentation is required, such as a Court Decision with Finality and an Annotated COM of the previous marriage. For foreigners, a Certificate of Legal Capacity to Marry is also necessary.
In some countries, the requirements for a marriage license can be more extensive and may include blood tests and translations of documents into the local language. For example, in Mexico, US citizens may be required to provide original birth certificates translated into Spanish, and if divorced or widowed, additional documents are needed. There may also be a waiting period before the marriage can take place.
It is important to note that marriage license requirements can vary significantly by state or country, so it is essential to research the specific requirements of your desired location. Consulting with a local wedding planner or the destination's tourism board can also provide valuable information and guidance.
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The exchange of promises
The declaration of intent is one of the two essential elements of a legal wedding ceremony, the other being the pronouncement. In the pronouncement, the wedding officiant officially declares the couple as married. While the specific requirements for the exchange of promises may vary by location, the important aspect is that the couple's intentions to marry are clear and unequivocal.
It is worth noting that while a marriage license is not always required to perform the exchange of promises, it is necessary to finalise the marriage. The specific requirements for obtaining a marriage license, such as witness signatures, vary by state or country, so it is important to research the relevant laws for your location.
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The officiant
The requirements for who can be an officiant vary depending on the type of ceremony and the location. If you are having a religious ceremony, the officiant is usually a religious figure such as a priest, pastor, rabbi, or other religious figures. Some Native American tribes can designate certain officials to perform weddings, or the tribal chief can officiate. In a non-religious ceremony, the officiant could be a judge, clerk, or professional officiant from a ceremonial ministry.
If you want a friend or family member to officiate your wedding, they can become ordained online through organisations like the Universal Life Church or the American Marriage Ministries. This gives them the authority to act as a religious officer during a non-denominational ceremony.
Once you've chosen your officiant, it's important to remember that they are responsible for ensuring the ceremony they perform is a legal one. This includes understanding the specific requirements of the location, such as any extra paperwork or registration that needs to be completed beforehand. The officiant is also responsible for submitting the signed marriage license to the relevant authorities after the ceremony.
In addition to the officiant, most states require one or two witnesses to be present at the ceremony and sign the marriage certificate.
It's worth noting that marriage laws can vary greatly depending on your location, so it's important to research the specific requirements of your state or country.
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Witnesses
The witnesses play a crucial role in the legal recognition of the marriage. Along with the couple and the officiant, they sign the marriage license, which is then filed with the county recorder's office. This step ensures that the marriage is officially recognised and recorded.
In some states, there are additional requirements for witnesses. For example, in the case of a destination wedding in Mexico, witnesses need to provide copies of their passports to the local authorities. It is important to research the specific requirements of the wedding location to ensure that all necessary documents are in order.
The role of the witness is a significant one, and they play a vital part in ensuring the legality of the wedding ceremony. By signing the marriage license, they contribute to the official recognition of the union and help to make the wedding a memorable and legally binding event.
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Legal age
The legal age to marry varies depending on where you live. In the United States, the minimum age is typically 18, but there are exceptions for minors with parental consent. Some states also allow emancipated minors to marry with judicial permission.
It's important to note that each state has its own requirements for marriage licenses and ceremonies, so it's essential to research the specific laws in your state or country. For example, some states have a waiting period between obtaining the marriage license and holding the ceremony, which can range from one to five days. Additionally, some states have restrictions on the age difference between the couple, usually to prevent predatory marriages or sex trafficking. These age differences can be anywhere from same-age requirements to a three-year age gap allowance.
Marriage laws can be complicated, and it's crucial to understand all the requirements before planning your wedding. If you have any doubts or questions, it's always best to consult an attorney or a legal professional who can guide you through the process and ensure that your marriage is legally valid.
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Frequently asked questions
A legal wedding requires a signed, state-issued marriage license and an exchange of promises. The marriage license must be signed by the couple, witnesses (depending on the state), and an officiant authorized by the state.
A wedding officiant can be a religious figure such as a priest, pastor, rabbi, or other ordained religious officials. In a non-religious ceremony, it could be a judge, clerk, or a professional officiant from a ceremonial ministry. A close friend or family member can also officiate a wedding if they are ordained online through organizations such as the Universal Life Church or the American Marriage Ministries.
The requirements for a marriage license vary by state but typically include proof of age (usually 18), proof of identity, and proof of residence. Some states also require a blood test and proof of divorce if applicable.
