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The Legal Implications of a Marriage Certificate vs License
When it comes to getting married, there are a few important legal documents that you need to be aware of. Two of the most commonly confused documents are the marriage certificate and license.
Although they may sound similar, these two documents serve different purposes and have distinct differences. In this article, we will explore the main differences between a marriage certificate vs license and why both are necessary for a legal marriage.
Read on!
Table of Contents
Legal Authorization
A marriage license is a document issued by the government that grants permission for two individuals to get married. This document is necessary before any official ceremony can take place.
On the other hand, a marriage certificate is proof of the legal union between two people. It is only issued after the marriage ceremony has taken place and is signed by the:
- couple
- officiant
- witnesses
When talking about legal authorization, it’s important to note that a marriage license and certificate are issued at the state level.
Application Requirements
To obtain a marriage license, both individuals must meet certain requirements set by the state or country. These requirements may include:
- age restrictions
- proof of identity and citizenship
- blood tests in some cases
Age Restrictions
In most places, individuals must be at least 18 years old to apply for a marriage license. Some states allow minors to get married with parental consent, while others require court approval.
Proof of Identity and Citizenship
To prevent fraudulent marriages, most places also require both individuals to provide proof of identity and citizenship. This can be done through government-issued IDs such as passports or driver’s licenses.
Blood Tests
Although no longer required in most places, some states still require couples to undergo blood tests before getting married. This is to ensure that there are no genetic diseases or health concerns that may be passed on to any potential children.
Once a marriage license is obtained and the ceremony has taken place, the couple must then file for a marriage certificate. This usually involves submitting the signed license to the proper government agency within a certain timeframe.
Purpose
The purpose of a marriage license is to ensure that both individuals meet the legal requirements to enter into a marriage. This includes making sure there are no legal obstacles. This can mean previous marriages or familial relationships.
On the other hand, a marriage certificate serves as proof of the couple’s official union. It may be needed for legal purposes such as changing last names or applying for joint accounts. It also acts as a record of marriage for official purposes.
For couples opting for a personalized ceremony online, it is important to remember that both a marriage license and certificate are still required for the union to be legally recognized.
Date of Issuance
A marriage license is typically issued a few days before the ceremony. A marriage certificate is issued after the ceremony has taken place. This means that a couple can have their personalized ceremony and still be legally recognized as married without having the official certificate in hand.
The date of issuance on the marriage certificate is usually the date of the ceremony, not the date it was officially registered. This allows for couples to have their dream personalized ceremony without worrying about legalities.
Validity Period
A marriage license is only valid for a certain period, usually between 30-90 days depending on the state or country. This means that the couple must get married within this timeframe or they will need to reapply for a new license.
Once a marriage certificate is issued, it is considered valid indefinitely. It serves as legal proof of the marriage and can be used at any time for legal purposes. Even for online weddings, the validity of the marriage certificate remains the same. This is because a virtual wedding still requires a legal marriage and therefore, a valid certificate.
Officiation Authority
The person who has the authority to officially marry a couple varies by state or country. In some places, it may be a religious figure such as a priest, while in others it may be a government official like a justice of the peace.
Regardless of who officiates the ceremony, they are responsible for signing and submitting the marriage license to legal authorities. This is necessary for the marriage to be legally recognized.
Recording the Marriage
After the ceremony and submission of the marriage license, it is then recorded by the appropriate government agency. This creates an official record of the marriage and allows for future retrieval of a marriage certificate if needed.
This process may take some time to complete, so couples need to be aware of this when planning their wedding. This also emphasizes the importance of submitting the signed license promptly.
Legal Recognition
Both the marriage license and certificate are necessary for a legal marriage. Without a valid marriage license, the ceremony would not be considered legally binding. And without a marriage certificate, there is no official proof of the union.
Therefore, couples need to understand the differences between a marriage certificate vs license and ensure that both documents are obtained and properly filed after their personalized ceremony.
Required for Legal Proceedings
In the unfortunate event of divorce or other legal proceedings, a marriage certificate may be necessary to prove the validity and date of marriage. It serves as an official record and can help with any legal disputes that may arise.
Having a valid marriage license and certificate also ensures that all legal aspects of your marriage are properly documented, leaving no room for confusion or misunderstandings in the future.
Duplicating Copies
In some cases, having a duplicate copy of the marriage certificate may be necessary. This can easily be obtained by requesting one from the appropriate government agency that recorded the marriage.
It is important to keep a physical copy of your marriage certificate in a safe place, as it may be needed for various legal purposes throughout your life.
Know the Differences Between a Marriage Certificate vs License
A marriage certificate and license may seem similar but serve different purposes. The marriage license grants permission to get married, while the certificate serves as proof of the legal union.
Both documents are necessary for a legal and recognized marriage. So when planning your personalized ceremony, be sure to also prioritize obtaining and filing these important documents.
Knowing the legal distinctions between a marriage certificate vs license will ensure that your marriage is valid and recognized by all.
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