Many couples want something nontraditional for their wedding. They plan destination weddings, ask friends to officiate and make up their own vows. There is nothing wrong with this necessarily. However, they must take care that they comply with the requirements for a valid marriage ceremony or else their marriage may not be legal.
When Is a Marriage Ceremony Valid?
Marriage laws aren’t the same in every state or country. If you’re getting married, it’s important to know the law in the jurisdiction where the ceremony will be held. If you’re a New York resident but getting married in California or Mexico, you need to know the laws of California or Mexico. New York’s rules aren’t relevant for purposes of a validly performed marriage ceremony.
What Are the Requirements for a Valid Marriage Ceremony in New York?
New York requires that a marriage ceremony be officiated by a religious leader or government official authorized to perform wedding ceremonies (law is not on point, as the issue has not been clearly decided).
Couples must exchange vows in front of the officiant and expressly promise to take each other in marriage as spouses. Absent a court order to the contrary, there is also a 24 hour waiting period from the time a marriage license is obtained before the ceremony can take place but no later than the passage of 60 days.
While a marriage license is generally required in New York, there are exceptions.
Where Do Problems Often Arise?
In many places, a marriage must be officiated by a government official to be valid. Therefore, getting a priest or friend to do it won’t work in these jurisdictions, and extra time may be required to get an authorized official to officiate.
There may also be waiting periods that can cause delays and ruin a wedding if no one knew about it.
If you’re getting married and considering some nontraditional ceremony additions, make sure you have researched the legal requirements well in advance. This is particularly true if you’re going somewhere unfamiliar where no one you know has gotten married before.
Marriage isn’t just a romantic step. It provides important legal and financial rights and responsibilities during marriage and in the event you divorce or your spouse dies. Therefore, take the time to ensure your marriage is legal.