Delaware Wedding Laws

Written and updated for precision by the Delaware marriage law research team at GetOrdained™ on January 19, 2023

Although it is one of the smallest states in the country, Delaware can be an idyllic location for a wedding. With 28 miles of beautiful coastline, charming coastal towns, and stunning waterfront views, wedding couples can easily find the perfect ceremony backdrop. This guide provides everything you need to know about getting married in the state of Delaware, including the unique requirements that must be followed by the couple as well as the ceremony officiant.

Getting Married in Delaware

Marriage By Proxy Allowed:: No
Minister Required to be Present:: Yes
Number of Witnesses Required:: 2
Min. Age of Witnesses:: 18 Years
Couple's Consent Required:: Yes
Pronouncement Required:: Yes

In order for a couple to legally wed, Delaware mandates that at least five people attend the wedding in person. The required attendees include the officiant, the couple planning to wed, and two witnesses.

The minimum age for all five attendees is 18 years of age. While the couple and the minister are asked for proof of age during the registration process, each witness should be prepared to show an official ID and complete the necessary paperwork after the ceremony has concluded.

During the ceremony, state law requires that both members of the couple verbally consent to be wed. Additionally, the officiant must pronounce the couple as married before concluding the proceedings. Other than these two specifications, Delaware grants couples the flexibility to customize their wedding proceedings as they see fit.

Show Relevant Legal Excerpt

Delaware Marriage Requirements

Min. Age of Couple:: Age 18
Residency:: Not Required
Min. Distance of Kin Allowed:: Second Cousins
Marriage Equality:: Yes

The minimum age requirement for people wanting to tie the knot in Delaware is firmly set at 18 years of age. While many other states are willing to make an exception under certain circumstances, this is not the case in Delaware. If you are younger than 18 years old, you will not be allowed to marry.

Delaware is more flexible when it comes to residency and marriage equality. In addition to allowing couples from other U.S. states and foreign countries to marry there, the state of Delaware also recognizes and welcomes same-sex couples.

Show Relevant Legal Excerpt

How to Become a Wedding Officiant in Delaware

Min. Age of Minister:: Age 18
Residency:: Not Required
Document(s) Required:: Credentials of Ministry
Online Ordination Recognized:: Yes
Relevant Office of Registration:: County Clerk
Latest Document(s) Submission Date Allowed:: Before Ceremony
Minister I.D. # Issued:: Yes

Become Ordained

If you plan to officiate a wedding ceremony in Delaware, the law requires you to register with the state, and in turn, become part of a statewide public database. Ministers who permanently reside in Delaware should register in their county of legal residence, but out-of-state officiants are asked to register in the same county as the planned wedding ceremony.

While there are no restrictions regarding the minister's faith or gender, there is a minimum age requirement. Delaware only allows individuals who are at least 18 years old to officiate the marriage proceedings.

During the registration process, the prospective officiant must provide proof of ordination. Universal Life Church credentials safely satisfy this requirement. You should also check with the pertinent county office to ask if any other documentation is needed. Because requirements can vary by county, officiating ministers often choose ULC's Classic Wedding Package to ensure they are covered.

Once the registration process is complete, the office will issue a ministerial ID number that authorizes the applicant to officially perform marriage ceremonies in the state of Delaware. You should keep this number on hand because it will be needed on the marriage license to ensure a legally binding marriage.

Show Relevant Legal Excerpt

Del. Code tit. 13 § 106 Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty.

(a) (1) For purposes of this subsection, “chief executive officer” means the mayor of an incorporated municipality. If an incorporated municipality does not have a mayor, then “chief executive officer” means the president of the legislative body of the incorporated municipality. If an incorporated municipality does not have a mayor or a president of the legislative body, then “chief executive officer” means the presiding officer of the legislative body of the incorporated municipality.

(2) The following individuals over 18 years of age may solemnize a marriage between individuals who may lawfully enter into the matrimonial relation:

a. A clergyperson or minister of any religion who resides in the State, provided he or she is registered with the Clerk of the Peace in the county where he or she resides.

b. A clergyperson or minister of any religion who does not reside in the State, provided he or she is registered with the Clerk of the Peace in the county where the marriage ceremony is to be performed.

c. A current or former judge of this State’s Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, or Justice of the Peace Court.

d. A current or former federal judge or magistrate with jurisdiction over this State.

e. A current or former Clerk of the Peace of a county of this State, within the county in which the Clerk holds or held that office.

f. The chief executive officer of an incorporated municipality of this State, within the corporate limits of that municipality.

(b) The Clerk of the Peace in each county shall maintain an online registry through which clergypersons or ministers of any religion must register.

(1) Upon registering, registrants shall receive a registration card online bearing the registrant’s personal registration number. That registration number must be entered on the certificate of marriage of each marriage ceremony performed by the registrant.

(2) Once registered with a Clerk of the Peace in any county, a registrant’s name will be added to a statewide registry accessible to the public online.

(3) Once registered with a Clerk of the Peace in any county, a registrant will be authorized to solemnize marriages statewide.

Applying For a Marriage License in Delaware

ULC-Officiated Ceremony Type:: Religious
Mandatory Waiting Period:: 1 Day
License Valid For:: 30 Days
License Must Be Submitted:: Within 4 Days of Ceremony

When applying with the Clerk of the Peace, the couple should specifically request a license for a religious ceremony rather than one intended for a civil ceremony. A civil ceremony license is only appropriate for secular proceedings in which judges, civil servants, and government notaries plan to perform the wedding ceremony.

Conversely, a religious ceremony license is needed when the ceremony officiant is an ordained minister, and because the Universal Life Church grants authority based on church ordination, this category of license is the appropriate choice. This is true whether or not the couple plans to express their faith or include religious customs during the ceremony.

Once the couple receives their marriage license, they must wait at least 24 hours before getting married. The license remains valid for a total of 30 days, but once the ceremony has taken place, there is a 4-day window for filing the completed license with the Clerk of the Peace.

Show Relevant Legal Excerpt

How to Get a Delaware Marriage License

Who Picks Up License:: The Couple
Where License is Valid:: Any County in Delaware
Marriage License Pick-Up:: In Person Only
Cost of License:: $70 for Residents and $120 for Non-Residents
Accepted I.D. Types:: Photo ID
Proof of Divorce Required (If Applicable):: Yes
Blood Test Required:: No

To obtain a wedding license, couples can appear before any Clerk of the Peace in the state of Delaware. The issuing office does not need to be in the same county as the planned wedding ceremony.

Both members of the couple must present official photo identification that establishes each applicant's identity and age. If either party was previously married, a certified copy of the divorce decree must also be presented.

Additionally, applicants must pay a license fee of $70 if they are Delaware residents and $120 if they are not. Like most other states, blood tests are not required from the marrying couple.

Show Relevant Legal Excerpt

Del. Code tit. 13 § 101 Void and voidable marriages.

(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:

(1)-(5) [Repealed.]

(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;

Del. Code tit. 13 § 120 Marriage license application; appearance of parties; exception.

Before any marriage license shall be issued by the issuing officer, the parties desiring to marry shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing of each other according to the form prescribed in § 122 of this title to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed marriage exists. In the case of critical illness of 1 of the parties desiring to marry, the physician attending such party may appear for the ill party and make an application for a marriage license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully marry. The application for the marriage license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.

Finalizing the Union

Officiant's Title on Marriage License:: Minister
Church/Ordaining Body:: Universal Life Church Ministries
Address of Church:: Minister's Home Address

The close of the ceremony marks the beginning of the happy couple's new life together. However, in order to ensure that the marriage is legally recognized, there are a couple of items that still need to be completed.

First, the officiant must ensure that both members of the couple, as well as the two witnesses, complete and sign their respective sections of the marriage license. Next, the minister should complete the section of the license designated for the officiant, providing information such as full legal name, title, and ministerial ID number.

Finally, the law mandates that the license be returned to the issuing office within four days of the ceremony. Because the turnaround time is so short, the officiant must pay careful attention to ensure that the license is properly filed within the legal timeframe.

The Universal Life Church also recommends that the minister maintain a complete record of the wedding process, including details about the registration, the ceremony, and the timely filing of the marriage license. This is especially important when payment for services has been made.

Learn How to Perform a Wedding in Delaware

Perform a DE Wedding

Are you Interested in Being an Ordained Minister in Delaware?

Learn About DE Ordination

Become an Ordained Minister Today

Be Ordained Now