What is California Family Code Section 400: Solemnization of Marriage?
The California Family Code is the set of laws that govern family relations – including marriage, divorce, and legal separations. California Family Code Section 400: Solemnization of Marriage covers who is authorized to perform marriage ceremonies and the marriage solemnization process in the state of California. Here’s everything you need to know about the solemnization of marriage in California.
Who is Authorized to Solemnize Marriage?
Under California law, while marriage is a personal relation arising out of civil contract, any authorized person of any religious denomination who is at least 18 years old, such as a priest or rabbi, can solemnize a marriage.
The following individuals can also solemnize a marriage:
- Working and retired judges
- A judge or magistrate who resigned
- A current or retired United States Supreme Court Justice
- A current or retired judge of a court of appeals, district court, or court created by an act of Congress
- A current or retired judge of a bankruptcy court or tax court
- A current or retired United States magistrate
As long as any of the following individuals are over 18 years old, they can also solemnize a marriage. However, they should not accept compensation for performing the ceremony if they currently hold their office.
- A current or former member of the California state legislature
- A current or former member of the federal legislature
- A current or former elected official of a city, county, or city and county
- A city clerk of a charter city
Within each county, the County Clerk is designated as a commissioner of civil marriages and can appoint deputy commissioners that can solemnize marriages. A county can also authorize officials of a nonprofit religious institution to solemnize the marriages of parties affiliated with that religion. These ceremonies are free for the parties.
What is the Marriage Solemnization Process?
There is no set, required procedure for a marriage ceremony. The only requirement is that the couple declares to take each other as spouses. This must be done in the presence of the individual solemnizing the marriage and any necessary witnesses.
A marriage license is required for the solemnization of a marriage. There are two types of marriage licenses: public and confidential. Both public and confidential marriage licenses are legally valid in the State of California and can be obtained from the County Clerk.
Related: Public vs Confidential Marriage License in California
The person solemnizing the marriage must be satisfied with the validity of the statements on the marriage license before proceeding with the ceremony. Following the ceremony, the person solemnizing the marriage must return the marriage license to the county in which it was purchased.
FAQs About Solemnization of Marriage in California
My spouse cannot appear in person at the ceremony because they are a member of the Armed Forces of the United States stationed overseas. How do we proceed with the marriage license and ceremony?
If one party is serving as a member of the Armed Forces of the United States who is stationed overseas or serving in a conflict or war, they can still proceed with the licensure and solemnization of their marriage with an attorney appearing in their place. The attorney will present an original power of attorney signed by the party overseas and acknowledged before a notary or witnessed by two officers of the United States Armed Forces.
Are there any sufficient reasons that parties can not appear in person before the County Clerk and still get their marriage solemnized?
Sufficient reasons for one or both parties to not appear in person before the County Clerk include proof of hospitalization, incarceration or any other reason proved to the satisfaction of the County Clerk.
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