Montana Code Annotated 40-1-311

Declaration of marriage without solemnization.

(1) Persons may consummate a marriage by written declaration in this state without the solemnization provided for in 40-1-301. The declaration must be filed by the clerk of the district court in the county where the contract was executed. (2) A declaration of marriage must contain substantially the following: (a) the names, ages, and residences of the parties; (b) the fact of marriage; (c) the name of father and maiden name of mother of both parties and address of each; (d) a statement that both parties are legally competent to enter into the marriage contract. (3) The declaration must be subscribed by the parties and attested by at least two witnesses and formally acknowledged before the clerk of the district court of the county. (4) The fee for filing a declaration is $53 and must be paid to the clerk at time of filing.

En. Sec. 85, Civ. C. 1895; re-en. Sec. 3631, Rev. C. 1907; re-en. Sec. 5724, R.C.M. 1921; Cal. Civ. C. Sec. 75; re-en. Sec. 5724, R.C.M. 1935; amd. Sec. 1, Ch. 275, L. 1959; amd. Sec. 44, Ch. 536, L. 1975; R.C.M. 1947, 48-130; amd. Sec. 2, Ch. 33, L. 1979; amd. Sec. 2, Ch. 12, L. 1983; amd. Sec. 11, Ch. 493, L. 2005; amd. Sec. 1, Ch. 249, L. 2009; amd. Sec. 3, Ch. 43, L. 2019.

Back to Montana Marriage Laws

More Montana Marriage Laws

Marriage Laws by State

Professional Wedding Officiant Certification Course

Learn from the Pros to Officiate with Confidence!

Will You Marry Us? Gift Package

Who Will Officiate Your Wedding?

Choose Your Officiant with our "Will You Marry Us?" Gift Package.

Signature Wedding Officiant Package

Signature Wedding Officiant Package

Our premiere package contains everyting you need to officiate like a pro.

The Book of Wedding Vows and Ceremonies

The Book of Wedding Vows and Ceremonies

It's finally here! Timeless scripts and heartfelt vow inspiration to bring life to your ceremony.

Subscribe To Our Newsletter!

Checkout the AMM Blog

Stay up-to-date with the latest wedding industry trends.

Read our sample wedding ceremony scripts online

Sample Wedding Ceremony Scripts

Need inspiration? Check out our free ceremony scripts!

Wedding Officiant Training

Wedding Officiant Training

Everything you need to know to officiate.



Become a Wedding Officiant with Our Free Online Ordination!