Code Section Group

Family Code - FAM

DIVISION 3. MARRIAGE [300 - 536]

  ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426]

  ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

CHAPTER 2. Solemnization of Marriage [420 - 426]
  ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

420.
  

(a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence of the person solemnizing the marriage and necessary witnesses, that they take each other as spouses.

(b) Notwithstanding subdivision (a), 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 shall 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. Copies in any form, including by facsimile, are not acceptable. The power of attorney shall state the full given names at birth, or by court order, of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney in fact to obtain a marriage license on the person’s behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration. The completion of a power of attorney shall be the sole determinant as to whether the county clerk’s office and the State Registrar will accept the power of attorney.

(c) A contract of marriage, if otherwise duly made, shall not be invalidated for want of conformity to the requirements of any religious sect.

(Amended by Stats. 2016, Ch. 130, Sec. 1. (AB 2128) Effective January 1, 2017.)

421.
  

Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of 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. For this purpose, the person may administer oaths and examine the parties and witnesses in the same manner as the county clerk does before issuing the license.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

422.
  

The person solemnizing a marriage shall, sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing all of the following:

(a) The fact, date (month, day, year), and place (city and county) of solemnization.

(b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony.

(c) The official position of the person solemnizing the marriage, or of the denomination of which that person is a priest, minister, rabbi, or other authorized person of any religious denomination.

(d) The person solemnizing the marriage shall also type or print his or her name and mailing address.

(Amended (as amended by Stats. 2006, Ch. 816) by Stats. 2007, Ch. 483, Sec. 12. Effective January 1, 2008.)

423.
  

(a) The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony.

(b) For purposes of Section 102356 of the Health and Safety Code, the person solemnizing the marriage shall include with the marriage license described in subdivision (a) a copy of the court order granting permission to marry described in Section 304, if one or both of the parties to the marriage were minors at the time of solemnization of the marriage.

(Amended by Stats. 2018, Ch. 660, Sec. 6. (SB 273) Effective January 1, 2019.)

425.
  

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 shall be returned to the county recorder of the county in which the license was issued.

(Amended by Stats. 2006, Ch. 816, Sec. 20. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)

426.
  

If for sufficient reason, as described in subdivision (d), 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 following requirements are met:

(a) The person solemnizing the marriage physically presents an affidavit to the county clerk explaining the reason for the inability to appear.

(b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties.

(c) The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public or a court prior to the county clerk issuing the marriage license.

(d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk.

(Added by Stats. 2006, Ch. 816, Sec. 21. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)

FAMFamily Code - FAM