It’s not unusual for a couple to want someone close to them to perform their wedding ceremony. Rather than a government official or a member of the clergy who doesn’t know them, they would like a friend or family member to officiate the wedding. This can bring extra meaning to the ceremony. However, it may not be legal. There are laws that govern who can officiate, and if the person didn’t have the authority to marry a couple, the marriage won’t be valid.
Who Can Officiate a Wedding?
Every state and country has laws that indicate who can legally perform a marriage ceremony. The first step is to check the law in the jurisdiction where the ceremony will be held. Therefore, if you’re getting married in Florida or the Bahamas, you need to know the laws of those regions, even though you and your spouse are New York residents and will be living here after marriage.
If the law in the location where you will be married says it is legal for your friend or family member to perform the ceremony, then they can do it.
What Is the Law in New York?
Marriage ceremonies performed in New York must be officiated by a religious leader or government official authorized to perform wedding ceremonies. Religious leaders must be ordained by a religious institution that is recognized under New York State law.
Can My Officiant Be Ordained by an Internet-Based Ministry?
Many friends and family members who officiate weddings get ordained on the internet. In New York, these situations have been decided on a case-by-case basis. The court looks at whether the religious institution is recognized under Religious Corporations law, has a physical presence in New York and is registered in the state. If not, it is likely that the person cannot legally perform the wedding. It’s best to consult an attorney about this if you have any doubts about whether the internet-based ministry would be recognized in New York.
Is There a Way to Include Them in My Wedding Ceremony?
You can still have your friend or family member officiate your wedding, knowing that it isn’t legal. However, you must have a civil ceremony before or after that wedding so that you have a valid marriage. An invalid marriage can have serious implications. It affects your legal and financial rights and responsibilities during marriage and in the event of divorce or death. Indeed, there can be no divorce if there isn’t a valid marriage.
If you have questions about the requirements for a legal marriage, contact our firm.