Validity of Marriage in California

California’s Family Code, in Division 3, Part 1, deals with the validity of marriage in this state. Section 300 provides that marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. In addition, consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized.

Section 301 specifies that two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage.

Section 302 states that an unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry. The court order and written consent of at least one of the parents or the guardian of each underage person must be filed with the clerk of the court, and a certified copy of the order must be presented to the county clerk at the time the marriage license is issued.

Section 303 specifies that, if it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry.

Section 304 states that, in determining whether to issue a court order granting permission to marry, the court is required to take four specified actions. If the court issues an order granting the parties permission to marry and, if one or both of the parties are 17 years of age or younger, the parties are eligible to request a marriage license no earlier than 30 days from the time the court order was issued.

In addition, upon issuance of the order granting permission to marry, the minor must be provided with four specified items of information.

Section 305 allows consent to and solemnization of marriage to be proved under the same general rules of evidence as facts are proved in other cases.

Section 306 requires a marriage to be licensed, solemnized, and authenticated, and the authenticated marriage license must be returned to the county recorder of the county where the marriage license was issued. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.

Section 306.5 prohibits the parties to a marriage from being required to have the same name. Neither party is to be required to change their name. A person’s name does not change upon marriage unless that person elects to change their name.

One party or both parties to a marriage may elect to change the middle or last names, or both, by which that party wishes to be known after solemnization of the marriage by entering the new name in the spaces provided on the marriage license application without intent to defraud. A person may adopt any of the specified last and middle names.

In addition, an election by a person to change their name serves as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, constitutes proof that the use of the new name or retention of the former name is lawful. A certified copy of a marriage certificate is to be accepted as identification establishing a true, full name.

Section 307 provides that this division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the specified requirements are met.

Section 308 states that a marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California.

Section 309 specifies that, if either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed to have the validity of the marriage determined and declared.

Section 310 provides that marriage is dissolved only by one the death of one of the parties; a judgment of dissolution of marriage; or, a judgment of nullity of marriage.