A Wedding's Validity: The Legal And Emotional Essentials

A wedding is a universal concept that is steeped in tradition and culture, but what makes it legally valid varies across the world. In the United States, for instance, a marriage license is required, while in the United Kingdom, registration is key. In California, a marriage license, solemnization, and recording of the license are all required, and the marriage must be a ceremonial one. The UK's Marriage Act 1949 outlines that a marriage must be registered and followed by a civil or religious ceremony within 12 months. In the case of religious ceremonies, only those conducted through the Church of England, the Church of Wales, Judaism, or the Quakers are legally recognised. For other religions, a separate civil ceremony or an authorised minister or priest is required.

While the specifics differ, the common thread across these regions is the need for official recognition and a ceremony.

Marriage license

A marriage license is a crucial document that proves you are legally able to marry. It is a permit to get married in a particular location and a legal document for public records, stating that you and your partner are free and eligible to marry one another.

Obtaining a Marriage License

Documents Required for a Marriage License Application

The requirements for a marriage license application vary by state, but generally, you will need to provide the following:

• Proof of identity: Driver's license, passport, or birth certificate
• Social Security Number
• Proof of citizenship and/or residence
• Information about your parents: Full birth names, birth dates, birth states, and dates of passing (if applicable)
• Certificate of divorce or death certificate (if previously married)
• Parental permission (if under 18)

There is typically a fee for applying for a marriage license, ranging from $35 to $150, and some offices may have specific payment requirements, so it is important to check ahead of time.

After Receiving Your Marriage License

Once you have received your marriage license, don't forget to bring it to your wedding ceremony. After the ceremony, the couple, witnesses, and the officiant will need to sign the marriage license. The officiant is then responsible for returning the signed marriage license to the county clerk, either by mail or in person, within a specified time frame.

Marriage Certificate

After the marriage license has been certified by local officials, you will receive a marriage certificate, which is a certified copy of the marriage registration. This serves as proof of marriage and may be required for taxes, insurance, banking, and other legal purposes.

Ceremony

The ceremony is the most important part of a wedding, as it is what makes the marriage official and valid. While there is no standard format that everyone must follow, there are a few key components that are required for a wedding to be considered legal.

Firstly, there must be a signed, state-issued marriage license. This is an absolute requirement, and the specific rules for obtaining one vary by state. The marriage license typically requires the signature of the couple, witnesses (depending on the state), and an officiant authorised by the state. The officiant can be a priest, pastor, rabbi, or other religious figure for religious ceremonies, or a judge, clerk, or professional officiant from a ceremonial ministry for non-religious ceremonies. In some cases, a willing family member or friend can become ordained online, giving them the authority to act as the officiant.

Secondly, there must be an exchange of vows or promises, facilitated by the officiant. This can be done through the recitation of traditional vows or the writing of personal statements. The exchange of vows is often accompanied by the exchange of rings, although this is not mandatory. The ring exchange can be done quickly without vows, or the couple can choose to say a few words about what the ring symbolises to them.

Thirdly, there must be a declaration of intent, which is the couple's verbal agreement to enter into the marriage contract and commit to one another. This is often done through the familiar "I do" or "I will", but can be customised however the couple wishes.

Finally, there must be a pronouncement or proclamation from the officiant, declaring the couple officially and legally wed. This is typically followed by the couple's first kiss as a married couple.

In addition to these legal requirements, the wedding ceremony can be customised to include various other elements such as readings, music, participation from relatives and friends, unity rituals, and more. The processional and recessional orders can also be adjusted to suit the couple's preferences. Ultimately, as long as the legal requirements are met, the ceremony can be tailored to reflect the couple's unique relationship and preferences.

Consent

Valid consent is when it is naturally sufficient and legally efficient. It must be manifested legitimately by legally able people who are qualified by law and capable of binding themselves by their marital consent. The consent must be complete and free from any vices that may invalidate it. These vices would constitute grounds for nullity. The content of the marriage consent must align with the Church's understanding of marriage, as explained in c. 1055 of the Code of Canon Law.

The consent of both parties must be verbally expressed, typically during the wedding ceremony. The consent transforms the inner reality of the two people, making them spouses. This consent is irrevocable and establishes the couple as married.

In addition to consent, other requirements must be met for a marriage to be considered valid. These include obtaining a marriage license, meeting age requirements (usually 18 years or older), and having the mental capacity to understand the nature of the marital contract and the obligations it entails.

Absence of legal impediments

The absence of legal impediments is a crucial aspect of a valid wedding. This refers to any prohibition established by law that may prevent someone from entering into a marriage contract. These impediments are established by law and render a person unqualified to contract a valid marriage. Some common legal impediments include:

• Lack of age or underage: Most states or jurisdictions require individuals to be at least 18 years old to marry, although some allow minors to marry with parental consent.
• Impotence: In some jurisdictions, physical incapacity or impotence may be considered a legal impediment to marriage.
• Prior marriage or bigamy: An individual must be legally divorced or widowed to remarry. If someone is already married, they cannot validly marry another person.
• Consanguinity or incest: Marriages between close blood relatives are prohibited by law in most places.
• Disparity of worship: In certain jurisdictions, religious differences may be considered a legal impediment to marriage.
• Abduction: If an individual is forced or abducted into marriage, it is considered invalid.
• Intoxication: Being under the influence of alcohol or drugs during the marriage ceremony may invalidate the wedding.
• Mental incapacity: Both parties must have the mental capacity to understand and consent to the marriage.

The specific legal impediments may vary depending on the location, and it is essential to research the marriage laws of the particular state or country where the wedding will take place. These impediments are restrictive norms, and they must be interpreted strictly. The absence of legal impediments ensures that both parties are legally able to enter into the marriage contract and that their consent is valid and effective.

Canonical form

The canonical form of marriage is a concept that is primarily relevant within the Catholic Church. According to the Code of Canon Law of 1983, the validity of a canonical marriage rests upon three "pillars": consent, absence of legal impediments, and canonical form.

Consent

The first pillar of a canonical marriage is consent. For a marriage to be valid, both parties must consent to the union and this consent must be legitimately manifested and given by people who are legally able to marry. This means that each individual must be capable of understanding the obligations assumed by marriage and must not be under the influence of intoxicants or suffering from mental conditions that impair their judgement.

Absence of Legal Impediments

The second pillar is the absence of legal impediments, which refers to the "legally able" requirement of the canon law. Even if an individual manifests a truly naturally sufficient marriage consent, if they are not legally able to enter into marriage (due to factors like age, prior marriage bonds, or consanguinity), then their consent is not legally efficacious and has no legal effects, rendering the marriage invalid.

The third pillar is canonical form, which requires that the marriage be celebrated in the presence of a qualified minister (a priest or deacon) and before two witnesses. The qualified minister must be either the local ordinary (such as a bishop), pastor, or a priest or deacon delegated by them. The minister's duty is to ask for and receive the marriage consent from the spouses, acting as a public witness of the legal act of marriage.

It is important to note that the canonical form is not a requirement that originates from Divine law but rather from ecclesiastical law. As such, it may be changed or modified by the Pope if deemed necessary.

In summary, for a wedding to be considered valid within the Catholic Church, it must adhere to the canonical form, including the necessary consent from both parties, the absence of legal impediments, and the presence of a qualified minister and witnesses.

Frequently asked questions