400-426: Solemnization of Marriage in California
Solemnization is the formal act that completes a legal marriage. In California, it is not limited to religious ceremonies. The law outlines who can perform a marriage, what is required before and after the ceremony, and how exceptions are handled. This section of the Family Code explains the legal process of solemnizing a marriage in California.
400 to 402: Who Can Perform a Marriage Ceremony
Marriages in California can be performed by a wide range of individuals, both religious and civil. These include:
- Priests, ministers, rabbis, or other religious figures at least 18 years old
- Judges and retired judges, magistrates, and commissioners
- State and federal legislators or constitutional officers
- Elected officials at the city or county level
- County clerks and their deputies
Certain restrictions apply. Officials currently in office may not accept compensation, and anyone convicted of crimes involving dishonesty or removed from office cannot perform marriages under this law.
Counties may also license religious officials from nonprofit institutions to perform marriages for their members, as long as those ceremonies are performed without a fee.
“A marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older.”
— Family Code §400
420: Ceremony Requirements
California does not mandate a specific script or format for a marriage ceremony. What matters is that both parties declare, in front of the officiant and at least one witness, that they take each other as spouses.
If one partner is serving overseas in the Armed Forces, that person can authorize someone to act on their behalf using a special power of attorney. The original document must be physically presented and becomes part of the marriage certificate.
The ceremony does not need to conform to religious customs to be legally valid.
421 to 423: After the Ceremony
Once the ceremony is complete, the officiant must:
- Confirm that the couple has a valid marriage license
- Complete and sign the marriage license with details including the date and place of the ceremony, witness signatures, and their own official title and contact information
- Return the completed license to the county recorder within 10 days
If either party to the marriage was a minor, the officiant must also include a copy of the court order granting permission to marry.
425 to 426: Special Situations
If a marriage took place but was not recorded at the time, and no record can be found, the couple can purchase and file a License and Certificate of Declaration of Marriage at least one year after the ceremony.
In cases where one or both parties are physically unable to appear in person at the county clerk’s office due to hospitalization, incarceration, or another verified reason, a license can still be issued. An affidavit must be filed under penalty of perjury, and signatures must be authenticated by a notary or court.
Conclusion
Solemnization turns a private commitment into a legal institution. Whether a marriage is performed by a religious leader, a judge, or a deputy county clerk, the process must follow state law to be valid. These rules ensure that all marriages are properly authorized, documented, and recognized, while allowing flexibility for different personal and professional circumstances.