AMERICAN WEDDINGS BLOG
Stay up to date with the latest wedding ceremony trends, script writing inspiration, tips and advice for first-time officiants, and news that matters to couples and wedding ministers.
Stay up to date with the latest wedding ceremony trends, script writing inspiration, tips and advice for first-time officiants, and news that matters to couples and wedding ministers.
Published Friday, Jun. 24th, 2022
We’re all familiar with the marriage license -- the legal document that’s signed and submitted when a couple agrees to marry.
But what about a Declaration of Marriage form?
Because this document is unique to Montana, and only a few states allow couples to marry without solemnization, couples and wedding officiants might be wondering:
Couples that want to get married without having a marriage ceremony (a service performed by a judge, clergy member, or another type of wedding officiant) can choose to file paperwork called a ‘Declaration of Marriage’ instead.
This document serves as a legal contract of marriage.
The form is filled out and signed by the couple to verify their personal information, whether they are competent to enter into a marriage contract, and that they both wish to be married to each other. (This process is similar to the declaration of intent in a traditional wedding ceremony but is provided in written form.)
Two adult witnesses and a Clerk must also sign the form for it to be binding. You can see an example of the Declaration of Marriage form here.
Couples follow the same application and process for a Declaration of Marriage that they would if applying for a marriage license:
Filing the document is also straightforward, and follows the same process used to file a marriage license: Couples will pay a fee after the document is signed and submit it to the Clerk to record.
The difference here is that no wedding ceremony takes place between the time of application and the time of filing.
Pros - Some people don’t want their marriage solemnized in a ceremony, or want to confirm a Common Law Marriage
The primary benefit of filing a Declaration of Marriage is that couples can marry without having a ceremony performed by an officiant. This might be choice for people who do not want a ceremony, are not religious or want to avoid any potential religious connotations of a marriage ceremony, or who do not wish to pay for a wedding officiant.
(However, it's worth noting that couples can also get married without a wedding ceremony using a standard marriage license, with the help of a friend or relative who is ordained with AMM.)
Related: How to Get Married Without a Wedding Ceremony
Related: Our Favorite Ways to Get Married Without a Wedding Ceremony
Another common benefit of filing a Declaration of Marriage is to recognize a Common Law Marriage. Although this is not required for a Common Law Marriage to be valid in Montana, it can provide an additional level of protection to the couple and make some legal aspects of their marriage easier in the future.
Other benefits might include keeping a marriage a secret from friends and family, or avoiding the costs of a wedding ceremony. Although marriages formed by a Declaration of Marriage are public record, they can be more private than a traditional ceremony, especially if staff members serve as witnesses.
Cons - There are no legal disadvantages, but couples will have personal preferences
Because filing a Declaration of Marriage costs the same amount of money as filing a traditional marriage license, and the marriage contract is equally valid, there are no legal or financial disadvantages to this method of marriage.
Perceived disadvantages will depend on the couple, their individual values and tastes, and how they wish to celebrate their marriage. For example, couples who want to celebrate their marriage with close friends may see filing a Declaration of Marriage form as cold or impersonal. These couples might ask a friend to marry them for free, or plan a low-key celebration instead.
Some couples may decide to have a wedding ceremony after filing a Declaration of Marriage. In this case, wedding officiants should remember that the couple is already legally married, and the ceremony should be approached as a ‘sequal wedding,’ vow renewal, or commitment ceremony.
Related: Everything You Need to Know About a Vow Renewal Ceremony
…
Friends and family members can perform wedding ceremonies in Montana if they’ve been ordained. Get ordained online with AMM to get started.
Become a Wedding Officiant with Our Free Online Ordination!