Solemnization of Marriage in California

Division 3, Part 3, Chapter 2 of the California Family Code deals with the solemnization of marriage in this state. Section 430 specifies that no particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties are required to declare, in the physical presence of the person solemnizing the marriage and necessary witnesses, that they take each other as spouses.

A member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney in fact, commissioned and empowered in writing for that purpose through a power of attorney.

The attorney in fact is required to personally appear at the county clerk’s office with the party who is not stationed overseas and present the original power of attorney duly signed by the party stationed overseas and acknowledged before a notary or witnessed by two officers of the United States Armed Forces. The original power of attorney is be a part of the marriage certificate upon registration.

Section 421 provides, before solemnizing a marriage, the person solemnizing the marriage is required to be presented the marriage license. If the person solemnizing the marriage has reason to doubt the correctness of the statement of facts in the marriage license, the person must be satisfied as to the correctness of the statement of facts before solemnizing the marriage.

Section 422 states that the person solemnizing a marriage must sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing four specified items.

Section 423 requires the person solemnizing the marriage to return the marriage license to the county recorder of the county in which the license was issued within 10 days after the ceremony.

Section 425 states that, if no record of the solemnization of a California marriage previously contracted under this division for that marriage is known to exist, the parties may purchase a License and Certificate of Declaration of Marriage from the county clerk in the parties’ county of residence one year or more from the date of the marriage. The license and certificate must be returned to the county recorder of the county in which the license was issued.

Section 426 provides that, if for sufficient reason either or both of the parties to be married are physically unable to appear in person before the county clerk, a marriage license may be issued by the county clerk to the person solemnizing the marriage if the four specified requirements are met.