500 to 536: Confidential Marriage
In California, couples who have been living together and want to formalize their relationship without making the marriage a public record can choose a confidential marriage. This option offers legal marriage rights while keeping the details of the marriage private. The law sets out who qualifies, how the process works, and how confidential marriage records are managed.
500 to 511: Confidential Marriage Basics
To qualify for a confidential marriage, both parties must be unmarried, at least 18 years old, and living together as spouses. The marriage must be performed by someone legally authorized to solemnize marriages in California.
“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.”
— Family Code §500
The license is issued by the county clerk and becomes a certificate once it is registered. It is valid for 90 days. If a license is lost or damaged before it is recorded, a duplicate must be obtained within one year of the ceremony. The person who performs the ceremony must return the license to the county clerk within 10 days.
If one or both parties cannot appear in person at the clerk’s office due to hospitalization or incarceration, a confidential license can still be issued through a signed affidavit and a notarized statement.
Confidential marriage certificates are not public records. They are stored securely by the county clerk and the State Registrar of Vital Statistics. Copies can only be released to the couple or by court order.
530 to 536: Notaries and Confidential Marriages
Notaries can be approved by the county clerk to issue confidential marriage licenses, but only after completing required training. The approval is valid for one year and can be renewed annually if the notary remains in compliance with the law.
To apply, the notary must provide personal and professional information and pay a fee. Approved notaries must keep their contact information up to date and may face suspension or revocation for any misconduct. The county clerk maintains a list of approved notaries and oversees enforcement.
“No notary public shall issue a confidential marriage license pursuant to this part unless the notary public is approved by the county clerk to issue confidential marriage licenses.”
— Family Code §530
Violating this requirement is a misdemeanor and can result in fines or jail time.
Conclusion
Confidential marriage in California provides a legal pathway for couples who want to keep their marriage record private while still receiving full legal recognition. The process includes strict eligibility rules and safeguards to protect the privacy and integrity of the marriage. Whether handled through the county clerk or an authorized notary, confidential marriage offers a flexible and discreet option for couples committed to each other and ready to formalize that bond.