Confidential Marriages in California

California’s Family Code, in Division 3, Part 4, Chapter 1 deals with confidential marriages. Chapter 1 contains general provisions. Section 500 provides that, when two unmarried people, not minors, have been living together as spouses, they may be married pursuant to this chapter by a person authorized to solemnize a marriage.

Section 500.5 specifies that the document issued by the county clerk is a marriage license until it is registered with the county clerk, at which time the license becomes a marriage certificate.

Section 501 requires a confidential marriage license to be issued by the county clerk upon the personal appearance together of the parties to be married and their payment of the fees.

Section 502 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 confidential marriage license may be issued by the county clerk to the person solemnizing the marriage if the four specified requirements are met.

Section 503 requires the county clerk to issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage licenses and upon payment by the notary public of the fees specified.

Section 504 states that a confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk.

Section 505 requires the form of the confidential marriage license to be prescribed by the State Registrar of Vital Statistics. The form must be designed to require that the parties to be married declare or affirm that they meet all of the requirements of this chapter.

Section 506 requires the confidential marriage license to be presented to the person solemnizing the marriage. Upon performance of the ceremony, the solemnization section on the confidential marriage license is completed by the person solemnizing the marriage.

Section 508 requires, upon issuance of a confidential marriage license, the parties to be provided with an application to obtain a certified copy of the confidential marriage certificate from the county clerk.

Section 509 allows a party to a confidential marriage to obtain a certified copy of the confidential marriage certificate from the county clerk of the county in which the certificate is filed by submitting an application that satisfies specified requirements.

Section 510 provides that, if a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage must obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.

Section 511 requires the county clerk to maintain confidential marriage certificates filed as permanent records which are not be open to public inspection except upon order of the court issued upon a showing of good cause. The confidential marriage license is a confidential record and not open to public inspection without an order from the court.