Florida Wedding Laws
Offering some of America’s most beautiful and popular beaches, it is easy to see why so many couples opt to marry in Florida. Though it can be enticing, it is important for couples to understand that Florida has specific regulations when it comes to getting married within the state. Whether you’re an officiant who will be performing a wedding or a couple looking to cover all your bases before the big day, there are some major points to understand on a legal front. Take a moment to review this guide by the Universal Life Church and learn what you need to know about weddings in the Sunshine State.
How to Become a Wedding Officiant in Florida
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- After the Ceremony
- Minister I.D. # Issued:
- No
To officiate a wedding in the state of Florida, the minister must be able to prove that he or she is at least 18 years of age. This is the only major restriction placed on officiants. However, the minister might need to produce information proving that he or she is actually allowed to solemnize weddings. The clerk wants to be sure that the minister has been given his or her status by a larger institution in an official capacity. Members of the Universal Life Church might wish to review the Classic Wedding Package for this purpose. The package contains all paperwork that a clerk might require of you, allowing you to rest easy knowing all of your bases are covered.
Fla. Stat. § 741.07 Persons authorized to solemnize matrimony.—
(1) All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law. Nothing in this section shall make invalid a marriage which was solemnized by any member of the clergy, or as otherwise provided by law prior to July 1, 1978.
(2) Any marriage which may be had and solemnized among the people called “Quakers,” or “Friends,” in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and wherever the words “minister” and “elder” are used in this chapter, they shall be held to include all of the persons connected with the Society of Friends, or Quakers, who perform or have charge of the marriage ceremony according to their rites and ceremonies.
Getting Married in Florida
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
There are no major restrictions when it comes to how a couple arranges a wedding ceremony. This allows the couple to plan as they see fit and include whatever rituals and traditions are most meaningful to them. The state of Florida does require both members of the couple to be physically present for the ceremony itself. Additionally, weddings by proxy are not allowed and the officiant must also be physically present for the ceremony. No witnesses are required, allowing the couple to have as small of a service as they’d prefer.
The one major point the couple must absolutely hit during the ceremony is a declaration of consent. Traditionally, this occurs when the couple states “I do” before the officiant. Be sure to make a clear declaration of consent if your event is following a non-traditional script. Without this element of the wedding, it will not be considered legally binding in the state of Florida.
How to Get a Florida Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Florida
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Standard Government Issued ID
- Proof of Divorce Required (If Applicable):
- No
- Blood Test Required:
- No
To apply for a marriage license in Florida, both members of the couple must present themselves physically before the county clerk’s office. The application requires the couple to bring along documentation proving their identities, including a photo ID. Currently, the application fee for a marriage license is $61. State law requires couples to wait three days after a license has been issued before conducting the wedding. However, this waiting period can be waived in the event that the couple has successfully completed Florida’s premarital preparation course.
For couples who have been in marriages previously, it is not required to bring forth any paperwork proving that these unions have been legally ended. Similarly, there is no need to produce blood test information to prove the marrying individuals are not related.
Fla. Stat. § 741.01 County court judge or clerk of the circuit court to issue marriage license; fee.—
(1) Every marriage license shall be issued by a county court judge or clerk of the circuit court under his or her hand and seal. The county court judge or clerk of the circuit court shall issue such license, upon application for the license, if there appears to be no impediment to the marriage. An application for a marriage license must allow both parties to the marriage to state under oath in writing if they are the parents of a child born in this state and to identify any such child they have in common by name, date of birth, place of birth, and, if available, birth certificate number. The name of any child recorded by both parties must be transmitted to the Department of Health along with the original marriage license and endorsements. The county court judge or clerk of the circuit court shall collect and receive a fee of $2 for receiving the application for the issuance of a marriage license.
(2) The fee charged for each marriage license issued in the state shall be increased by the sum of $25. This fee shall be collected upon receipt of the application for the issuance of a marriage license and remitted by the clerk to the Department of Revenue for deposit in the Domestic Violence Trust Fund. The Executive Office of the Governor shall establish a Domestic Violence Trust Fund for the purpose of collecting and disbursing funds generated from the increase in the marriage license fee. Such funds which are generated shall be directed to the Department of Children and Families for the specific purpose of funding domestic violence centers, and the funds shall be appropriated in a “grants-in-aid” category to the Department of Children and Families for the purpose of funding domestic violence centers. From the proceeds of the surcharge deposited into the Domestic Violence Trust Fund as required under s. 938.08, the Executive Office of the Governor may spend up to $500,000 each year for the purpose of administering a statewide public-awareness campaign regarding domestic violence.
(3) An additional fee of $25 shall be paid to the clerk upon receipt of the application for issuance of a marriage license. Each month, the clerk shall remit the fee to the Department of Revenue for deposit into the State Courts Revenue Trust Fund.
(4) The fee charged for each marriage license issued in the state shall be reduced by a sum of $25 for all couples who present valid certificates of completion of a premarital preparation course from a qualified course provider registered under s. 741.0305(5) for a course taken no more than 1 year prior to the date of application for a marriage license. For each license issued that is subject to the fee reduction of this subsection, the clerk is not required to transfer the sum of $25 to the Department of Revenue for deposit in the General Revenue Fund.
Fla. Stat. § 741.02 Additional fee.—Upon the receipt of each application for the issuance of a marriage license, the county court judge or clerk of the circuit court shall, in addition to the fee allowed by s. 741.01, collect and receive an additional fee of $4, to be distributed as provided by s. 382.022.
741.04 Issuance of marriage license.— (2) A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides:
(a) The social security number or any other available identification number for each person.
(b) The respective ages of the parties.
Fla. Stat. § 28.24 Service charges.—The clerk of the circuit court shall charge for services rendered manually or electronically by the clerk’s office in recording documents and instruments and in performing other specified duties. These charges may not exceed those specified in this section, except as provided in s. 28.345.
(23) Upon receipt of an application for a marriage license, for preparing and administering of oath; issuing, sealing, and recording of the marriage license; and providing a certified copy..........30.00
Applying For a Marriage License in Florida
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 3 Days for FL Residents, None for Non-Residents
- License Valid For:
- 60 Days
- License Must Be Submitted:
- Within 10 Days of Ceremony
One of the main points to understand when filling out a marriage license application is whether to select a form for religious services or civil services. The answer will be entirely dependent on the authority you are using to officiate your wedding. In the event that you are using a minister of the Universal Life Church, you will select the religious option. This is due to the fact that Florida recognizes ministers of the ULC as religious actors who can solemnize such unions regardless of gender and individual religious beliefs.
As mentioned, a couple must wait three days after a license has been issued in order to conduct the wedding. The main exception to this is when the couple has completed a premarital counseling course. Additionally, couples who are not residents of Florida will not need to wait the mandatory three days. The license is good for 60 days after it has been issued to a couple, and it must be returned to the office of the clerk within 10 days of the ceremony itself.
Fla. Stat. § 741.041 Marriage license application valid for 60 days.—Marriage licenses shall be valid only for a period of 60 days after issuance, and no person shall perform any ceremony of marriage after the expiration date of such license. The county court judge or clerk of the circuit court shall recite on each marriage license the final date that the license is valid.
Fla. Stat. § 741.08 Marriage not to be solemnized without a license.—Before any of the persons named in s. 741.07 shall solemnize any marriage, he or she shall require of the parties a marriage license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage he or she shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued.
Fla. Stat. § 741.04 Issuance of marriage license.—
(5) If a couple does not submit to the clerk of the circuit court valid certificates of completion of a premarital preparation course, the clerk shall delay the effective date of the marriage license by 3 days from the date of application, and the effective date must be printed on the marriage license in bold type. If a couple submits valid certificates of completion of a premarital preparation course, the effective date of the marriage license may not be delayed. The clerk shall grant exceptions to the delayed effective date requirement to non-Florida residents and to couples asserting hardship. Marriage license fee waivers are available to all eligible couples. A county court judge issuing a marriage license may waive the delayed effective date requirement for Florida residents who demonstrate good cause.
Florida Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 17 With Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
In the state of Florida, it is required that both members of a couple be at least 18 years of age in order to get married. However, there are exceptions to this. If a minor is at least 17 years old, he or she can get married with consent from a legal guardian. There are circumstances where individuals 16 years of age can be granted permission to marry, but these are typically determined based on the specifics of a certain case.
Floria does not have any restrictions when it comes to residency and marriage licenses. This means that couples from out of state, including same-sex couples, are more than welcome to come to Florida to tie the knot.
Fla. Stat. § 741.04 Issuance of marriage license.—
(1) A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless:
(a) The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and
(b) The older party to the marriage is not more than 2 years older than the younger party to the marriage.
(2) A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides:
(a) The social security number or any other available identification number for each person.
(b) The respective ages of the parties.
Fla. Stat. § 741.21 Incestuous marriages prohibited.—A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew.
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
Once the wedding has come to a close, there are still a handful of steps that need to be taken in order for the entire process to be considered complete. After the declaration of consent, it is crucial that the couple and officiant step aside and review the marriage license and associated paperwork together. This is when the officiant must look over the details of the form and make sure that nothing has been missed or input incorrectly. The officiant will also need to provide personal details related to his or her name and address. In the event that the clerk needs to fix a discrepancy, you may be contacted to provide further information. The ULC suggests that ministers of their organization list their titles as “minister.”
Reviewing the license paperwork before submitting it is absolutely important to the overall process. Making a mistake on even one line can invalidate the form and require the couple to submit an application for a new license. This means paying the fee all over again, too. To avoid this, everyone must be sure that the forms are filled out in the most accurate and legible way possible. The officiant must return the license to the office it was issued within 10 days of the completion of the wedding ceremony.
Finally, it is always a good idea for officiants to keep records of all the marriages they have solemnized. Keeping such records can come in handy down the line in the event you are contacted about the details of an event you presided over.
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