Most couples have one wedding ceremony that is legally recognized and valid. However, there are some instances where a couple may want to have a fake marriage ceremony in front of friends and family, with a view that a valid ceremony will occur later. As long as the parties are in agreement, there is nothing wrong with doing this.
When a Fake Marriage Ceremony Can Make Sense
Weddings can be expensive and time-consuming to plan. Once deposits are made and invitations are sent, it can be costly to make any changes. Therefore, if a problem arises like a prenuptial agreement that is still being negotiated, the couple will feel pressured to make quick decisions to avoid delaying the wedding. A prenup is an important document and shouldn’t be rushed but the marriage cannot happen until the prenup is signed.
One solution to this problem is to have the wedding as planned, but make sure it isn’t a legally valid marriage ceremony in the jurisdiction where it is being performed. In this way, no one has to spend the time and money involved in rescheduling, and everyone gets to celebrate together. Meanwhile, the couple can continue to discuss their prenup without the pressure of a deadline.
Guests do not have to be informed that it isn’t a valid marriage ceremony to avoid embarrassment and maintain privacy.
How to Make Your Marriage Ceremony Invalid
A marriage isn’t legal unless it complies with the requirements of the jurisdiction where the wedding occurs. A wedding in New York must follow New York law. In New York, a valid ceremony must be officiated by a religious leader, government magistrate or another individual as identified in the statute authorized to perform wedding ceremonies. Further, during the ceremony, the individuals must make reciprocal promises to take each other in marriage as spouses. While a marriage license is also generally required in New York, there are exceptions.
A simple way to invalidate the wedding ceremony in New York would be to have someone not authorized to officiate conduct the ceremony or leave out the promise to take each other in marriage.
Having a fake wedding is not ideal, but it can serve a purpose. The best way to avoid this situation is to raise the topic of a prenup as soon as possible and ensure the negotiations begin in earnest well in advance of the wedding date.
If you are getting married and considering a prenup, contact us to discuss how we can help.