Our complete list of the 41 Utah Code relevant to marriage. American Marriage Ministries provides a comprehensive list of laws for Utah related to the marriage license, who can officiate weddings, and officiant registration.
The law(s) below are the relevant statutes relating to who can solemnize marriage and officiant registration in Utah (where applicable).
[Section 30-1-6 Renumbered] §81-2-305 Who may solemnize marriages -- Certificate.
(1) The following individuals may solemnize a marriage:
(a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
(b) a Native American spiritual advisor;
(c) the governor;
(d) the lieutenant governor;
(e) the state attorney general;
(f) the state treasurer;
(g) the state auditor;
(h) a mayor of a municipality or county executive;
(i) a justice, judge, or commissioner of a court of record;
(j) a judge of a court not of record of the state;
(k) a judge or magistrate of the United States;
(l) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;
(m) a senator or representative of the Utah Legislature;
(nn) a member of the state's congressional delegation; or
(oo) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
(2) An individual authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
(a) name of the county from which the license is issued; and
(b) date of the license's issuance.
(3) Except for an individual described in Subsection (1)(l), an individual described in Subsection (1) has discretion to solemnize a marriage.
(4) Except as provided in Section 17-20-4 and Subsection (1)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (1) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.
(5)
(a) Within 30 days after the day on which a marriage is solemnized, the individual solemnizing the marriage shall return the marriage license to the county clerk that issued the marriage license with a certificate of the marriage over the individual's signature stating the date and place of solemnization and the names of two or more witnesses present at the marriage.
(b) An individual described in Subsection (5)(a) who fails to return the license is guilty of an infraction.
(c) An individual described in Subsection (5)(a) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
(6)
(a) An individual is guilty of a third degree felony if the individual knowingly:
(i) solemnizes a marriage without a valid marriage license; or
(ii) solemnizes a marriage in violation of this section.
(b) An individual is guilty of a class A misdemeanor if the individual knowingly, with or without a marriage license, solemnizes a marriage between two individuals who are 18 years old or older that is prohibited by law.
Amended by Chapter 151, 2021 General Session; Chapter 444, 2022 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
Below you can read through our curated list of all Utah laws related to marriage, weddings, officiants, and marriage licenses. If it is in any way marriage related, you will find it here.
[Section 30-1-30 Renumbered] §81-2-202 Premarital counseling or education -- State policy -- Applicability.
It is the policy of the state to enhance the possibility of couples to achieve more stable,
satisfying, and enduring marital and family relationships by providing opportunities for and
encouraging the use of premarital counseling or education before securing a marriage license.
Amended by Chapter 347, 2018 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
30-1-2.2 Repealed
REPEALED: SEE 30-1-2.4
All interracial marriages, otherwise valid and legal, contracted prior to July 1, 1965, to which one of the parties of the marriage was subject to disability to marry on account of Subsection 30-1-2(5) or (6), as those subsections existed prior to May 14, 1963, are hereby valid and made lawful in all respects as though such marriages had been duly and legally contracted in the first instance.
Amended by Chapter 20, 1995 General Session, Repealed by HB0134, eff. 5/1/2024
[Section 30-1-2.4 Renumbered] §81-2-405 Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
(1) As used in this section:
(a) "Eligible couple" means two individuals that may legally marry each other in this state.
(b) "Specified characteristic" means the race, ethnicity, or national origin of a party to the
marriage.
(2) Regardless of the date of the marriage, a marriage between two individuals may not be
deemed invalid or prohibited because of a specified characteristic.
(3) The office of a county clerk may not refuse to issue a marriage license to an eligible couple
because of a specified characteristic.
(4)
(a) The office of a county clerk may not refuse to solemnize the marriage of an eligible couple
because of a specified characteristic.
(b) Subsection (4)(a) does not prevent a county clerk from delegating or deputizing another
individual to solemnize a marriage in accordance with Subsections 17-20-4(2) and 30-1-6(2)
(l).
[Section 30-1-7 Renumbered] §81-2-302 Marriage licenses -- Use within state -- Expiration.
(1) A marriage may not be solemnized in this state without a license issued by the county clerk of
any county of this state.
(2)
(a) A license issued within this state by a county clerk may only be used within this state.
(b) A license is considered used within this state if the officiant is physically present in the state at
the time of solemnization of the marriage.
(3) A marriage is considered solemnized if:
(a) the parties to the marriage have a valid marriage license;
(b) each party to the marriage willingly, and without duress, declares their intent to enter into the
marriage;
(c) each party to the marriage has filed all required affidavits with the county clerk that issued the
marriage license as required under Subsection 81-2-303(4)(a);
(d) an officiant pronounces the parties as married; and
(e) at least two individuals 18 years old or older witness the declarations of intent and the
pronouncement.
(4) A license that is not used within 32 days after the day on which the license is issued is invalid.
Amended by Chapter 289, 2004 General Session; Amended by Chapter 305, 2021 General Session; Amended by Chapter 424, 2024 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-4.5 Renumbered] §81-2-408 Validity of marriage not solemnized or solemnized before an unauthorized individual.
(1) A marriage that is not solemnized according to this chapter is legal and valid if a court or administrative order establishes that the marriage arises out of a contract between two individuals who:
(a) are of legal age and capable of giving consent;
(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;
(c) have cohabited;
(d) mutually assume marital rights, duties, and obligations; and
(e) who hold themselves out as and have acquired a uniform and general reputation as spouses.
(2)
(a) A petition for an unsolemnized marriage shall be filed during the relationship described in Subsection (1), or within one year following the termination of that relationship.
(b) Evidence of a marriage recognizable under this section may be:
(i) manifested in any form; and
(ii) proved under the same general rules of evidence as facts in other cases.
(3)
(a) A marriage solemnized before an individual professing to have authority to perform marriages may not be invalidated for lack of authority if consummated in the belief of the parties or either party that the person had authority and that the parties have been lawfully married.
(b) Except as otherwise explicitly provided by law, Subsection (3)(a) may not be construed to validate a marriage that:
(i) is prohibited or void under Section 81-2-403; or
(ii) fails to meet the requirements of Section 81-2-302, as validated by a court with jurisdiction.
Amended by Chapter 297, 2011 General Session; Amended by Chapter 186, 2021 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-4 Renumbered] §81-2-407 Validity of foreign marriages -- Exceptions.
A marriage solemnized in any other country, state, or territory, if valid where solemnized, is valid in this state, unless:
(1) the marriage would be prohibited and declared void in this state under Subsection 81-2-403(1)(a); or
(2) the marriage is between parties who are related to each other within and including three degrees of consanguinity, except as provided in Subsection 81-2-402(2).
Amended by Chapter 300, 2019 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-4.1 Renumbered] §81-2-102 Marriage recognition policy.
(1)
(a) It is the policy of this state to recognize as marriage only the legal union of a man and a
woman as provided in this chapter.
(b) Except for the relationship of marriage between a man and a woman recognized pursuant
to this chapter, this state will not recognize, enforce, or give legal effect to any law creating
any legal status, rights, benefits, or duties that are substantially equivalent to those provided
under Utah law to a man and a woman because they are married.
(2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are
enforceable independently of this section that are enforceable independently of this section.
Enacted by Chapter 261, 2004 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-1 - Renumbered] §81-2-402 Incestuous marriages void.
(1) The following marriages are incestuous and void from the beginning, regardless of whether the relationship is legally recognized:
(a) a marriage between a parent and a child;
(b) a marriage between an ancestor and a descendant of any degree;
(c) a marriage between siblings of the half or whole blood;
(d) a marriage between an uncle and a niece or nephew;
(e) a marriage between an aunt and a niece or nephew;
(f) except as provided in Subsection (2), a marriage between first cousins; or
(g) except as provided in Subsection (2), a marriage between individuals related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law.
(2) First cousins may marry under the following circumstances:
(a) both parties are 65 years old or older; or
(b) if both parties are 55 years old or older, upon a finding by the district court, located in the district in which either party resides, that either party is unable to reproduce.
Amended by Chapter 317, 2019 General Session; Chapter 217, 2022 General Session; Renumbered as §81-2-402 by Chapter 366, 2024 General Session ,§ 85, eff. 9/1/2024
[Section 30-1-31 Renumbered] §81-2-203 Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
(1) A county is authorized to:
(a) provide for premarital counseling; and
(b) require the use of premarital counseling as a condition precedent to the issuance of a marriage license under the provisions of this part.
(2) The county may appoint a premarital counseling board consisting of seven members, four of whom shall be lay persons and three of whom shall be chosen from the professions of psychiatry, psychology, social work, marriage counseling, the clergy, law or medicine.
(3) The county may designate the terms of office and the procedures to be followed by the premarital counseling board and provide for payment of compensation and expenses for members.
(4) The county may pay the salaries and expenses of a counseling staff under the supervision of the premarital counseling board and provide office space, furnishings, equipment and supplies for the board's use.
(5) A county may join with an adjacent county or counties in forming a common premarital counseling board and in establishing a common master plan for premarital counseling.
Enacted by Chapter 64, 1971 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-6 Renumbered] §81-2-305 Who may solemnize marriages -- Certificate.
(1) The following individuals may solemnize a marriage:
(a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
(b) a Native American spiritual advisor;
(c) the governor;
(d) the lieutenant governor;
(e) the state attorney general;
(f) the state treasurer;
(g) the state auditor;
(h) a mayor of a municipality or county executive;
(i) a justice, judge, or commissioner of a court of record;
(j) a judge of a court not of record of the state;
(k) a judge or magistrate of the United States;
(l) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;
(m) a senator or representative of the Utah Legislature;
(nn) a member of the state's congressional delegation; or
(oo) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
(2) An individual authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
(a) name of the county from which the license is issued; and
(b) date of the license's issuance.
(3) Except for an individual described in Subsection (1)(l), an individual described in Subsection (1) has discretion to solemnize a marriage.
(4) Except as provided in Section 17-20-4 and Subsection (1)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (1) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.
(5)
(a) Within 30 days after the day on which a marriage is solemnized, the individual solemnizing the marriage shall return the marriage license to the county clerk that issued the marriage license with a certificate of the marriage over the individual's signature stating the date and place of solemnization and the names of two or more witnesses present at the marriage.
(b) An individual described in Subsection (5)(a) who fails to return the license is guilty of an infraction.
(c) An individual described in Subsection (5)(a) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
(6)
(a) An individual is guilty of a third degree felony if the individual knowingly:
(i) solemnizes a marriage without a valid marriage license; or
(ii) solemnizes a marriage in violation of this section.
(b) An individual is guilty of a class A misdemeanor if the individual knowingly, with or without a marriage license, solemnizes a marriage between two individuals who are 18 years old or older that is prohibited by law.
Amended by Chapter 151, 2021 General Session; Chapter 444, 2022 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-8 Renumbered] §81-2-303 Application for license -- Contents
(1) A county clerk may issue a marriage license only after:
(a) an application is filed with the county clerk's office, requiring the following information:
(i) the full names of the applicants, including the maiden or bachelor name of each applicant;
(ii) the social security numbers of the applicants, unless an applicant has not been assigned a
number;
(iii) the current address of each applicant;
(iv) the date and place of birth, including the town or city, county, state or country, if possible;
(v) the names of the applicants' respective parents, including the maiden name of a mother;
(vi) the birthplaces of the applicants' respective parents, including the town or city, county, state
or country, if possible; and
(vii) the age, legal name, and identity of each applicant is verified.
(2) A power of attorney may not be used to secure a marriage license on behalf of a party to a
marriage.
(3)
(a) If one or both of the applicants is a minor, the county clerk shall provide each minor with a
standard petition on a form provided by the Judicial Council to be presented to the juvenile
court to obtain the authorization required by Section 81-2-304.
(b) The form described in Subsection (3)(a) shall include:
(i) all information described in Subsection (1);
(ii) a place for the parent or legal guardian to indicate the parent or legal guardian's relationship
to the minor in accordance with Subsection 81-2-304(1)(a);
(iii) an affidavit for the parent or legal guardian to acknowledge the penalty described in Section
81-2-304 signed under penalty of perjury;
(iv) an affidavit for each applicant regarding the accuracy of the information contained in the
marriage application signed under penalty of perjury; and
(v) a place for the clerk to sign that indicates that the following have provided documentation to
support the information contained in the form:
(A) each applicant; and
(B) the minor's parent or legal guardian.
(4)
(a) The social security numbers obtained under the authority of this section may not be recorded
on the marriage license and are not open to inspection as a part of the vital statistics files.
(b) The Department of Health and Human Services, Office of Vital Record and Statistics shall,
upon request, supply the social security numbers to the Department of Health and Human
Services, Office of Recovery Services.
(c) The Office of Recovery Services may not use a social security number obtained under the
authority of this section for any reason other than the administration of child support services.
(5)
(a) A county clerk may not issue a marriage license until the county clerk receives:
(i) an affidavit from each party applying for the marriage license, stating that there is no lawful
reason preventing the marriage; and
(ii) if one of the parties will not be physically present in the state at the time of solemnization of
the marriage, an affidavit from each party applying for the marriage license, stating that the party consents to personal jurisdiction of the state, and of the county issuing the marriage
license, for the purposes of filing a divorce or annulment of the marriage.
(b) A county clerk shall file and preserve each affidavit provided under this section.
(c) A party who makes an affidavit described in Subsection (4)(a), or a subscribing witness to the
affidavit, who falsely swears in the affidavit is guilty of perjury and may be prosecuted and
punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
(6) A county clerk who knowingly issues a marriage license for any prohibited marriage is guilty of
a class A misdemeanor.
Amended by Chapter 300, 2019 General Session Amended by Chapter 317, 2019 General Session, Amended by Chapter 305, 2021 General Session; Amended by Chapter 424, 2024 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-11 Repealed] Return of license after ceremony -- Penalty for failure to return -- Criminal penalty for false statement.
(1) The individual solemnizing the marriage shall within 30 days after solemnizing the marriage return the license to the clerk of the county that issues the license, with a certificate of the marriage over the individual's signature, giving the date and place of celebration and the names of two or more witnesses present at the marriage.
(2) An individual described in Subsection (1) who fails to return the license is guilty of an infraction.
(3) An individual described in Subsection (1) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
Amended by Chapter 420, 2019 General Session; Amended by Chapter 424, 2024 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[Section 30-1-17 Renumbered] §81-4-303 Petition for annulment -- Venue -- Judgment on validity of marriage.
(1)
(a) When there is doubt as to the validity of a marriage, a party to the marriage may bring a petition for annulment to demand avoidance or affirmance of the marriage.
(b) If one of the parties was under 18 years old at the time of the marriage, the other party, being of proper age at the time of the marriage, may not bring a petition for annulment against the party who was under 18 years old.
(2) A petitioner may bring a petition for annulment in any county where the petitioner or respondent is domiciled.
(3)
(a) If a petition for annulment is filed upon the ground that one or both of the parties were prohibited from marriage because of the age of the parties, the court may refuse to grant the annulment if the court finds that it is in the best interest of the parties, or a child of the parties, to refuse the annulment.
(b) The refusal to annul under Subsection (3)(a) makes the marriage valid and subsisting for all purposes.
(4) If the parties have accumulated any property or acquired any obligations subsequent to the marriage, if there is a genuine need arising from an economic change of circumstances due to the marriage, or if there is a child born or expected, the court may make temporary and final orders, and subsequently modify the orders, as may be equitable, in regards to:
(a) the property and obligations of the parties;
(b) the support and maintenance of the parties and a child, as defined in Section 81-6-101, of the parties; and
(c) the custody and parent-time for a minor child of the parties.
(5) A judgment in an action under this part:
(a) shall declare the marriage valid or annulled; and
(b) is conclusive upon all persons concerned with the marriage.
Amended by Chapter 300, 2019 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
30-1-17.2 [Repealed] Action to determine validity of marriage -- Orders relating to parties, property, and children -- Presumption of paternity in marriage.
(1) If the parties have accumulated any property or acquired any obligations subsequent to the marriage, if there is a genuine need arising from an economic change of circumstances due to the marriage, or if there are children born or expected, the court may make temporary and final orders, and subsequently modify the orders, relating to the parties, their property and obligations, the children and their custody and parent-time, and the support and maintenance of the parties and children, as may be equitable.
(2) A man is presumed to be the father of a child if:
(a) he and the mother of the child are married to each other and the child is born during the marriage;
(b) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
(c) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or
(d) after the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he voluntarily asserted his paternity of the child, and there is no other presumptive father of the child, and:
(i) the assertion is in a record filed with the state registrar;
(ii) he agreed to be and is named as the child's father on the child's birth certificate; or
(iii) he promised in a record to support the child as his own.
(3) If the child was born at the time of entry of a divorce decree, other children are named as children of the marriage, but that child is specifically not named, the husband is not presumed to be the father of the child not named in the order.
(4) A presumption of paternity established under this section may only be rebutted in accordance with Section 78B-15-607.
(5) A final order or decree issued by a tribunal in which paternity is adjudicated may not be set aside unless the court finds that one of the parties perpetrated a fraud in the establishment of the paternity and another party did not know or could not reasonably have known of the fraud at the time of the entry of the order. The party who committed the fraud may not bring the action.
Amended by Chapter 3, 2008 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
Section 30-1-17.3 [Repealed] Age as basis of action to determine validity of marriage -- Refusal to grant annulment.
[See Utah Code 81-4-302 for more information]
If an action to determine the validity of a marriage is commenced upon the ground that one or both of the parties were prohibited from marriage because of their age, in addition to the application of Sections 30-1-17 through 30-1-17.4, the provisions of this code regarding marriage by a person or persons under 18 years old to the contrary notwithstanding, the court may refuse to grant an annulment if the court finds that it is in the best interest of the parties or their children, to refuse the annulment. The refusal to annul under this section makes the marriage valid and subsisting for all purposes.
Amended by Chapter 300, 2019 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[30-1-5 Repealed] Marriage solemnization -- Before unauthorized person -- Validity.
(1) A marriage solemnized before a person professing to have authority to perform marriages may not be invalidated for lack of authority, if consummated in the belief of the parties or either of them that the person had authority and that they have been lawfully married.
(2) Except as otherwise explicitly provided by law, this section may not be construed to validate a marriage that:
(a) is prohibited or void under Section 30-1-2; or
(b) fails to meet the requirements of Section 30-1-7, as validated by a court with jurisdiction.
Amended by Chapter 297, 2011 General Session; Amended by Chapter 424, 2024 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[Section 30-1-2.3 Renumbered] §81-2-406 Validation of marriage to a person with acquired immune deficiency syndrome or other sexually transmitted disease.
Each marriage contracted prior to October 21, 1993, is valid and legal but for the prohibition described in Laws of Utah 1991, Chapter 117, Section 1, Subsection 30-1-2(1) regarding persons afflicted with acquired immune deficiency syndrome, syphilis, or gonorrhea, is hereby valid and made lawful in all respects as though that marriage had been legally contracted in the first instance.
Amended by Chapter 20, 1995 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-3 Superseded 5/14/2019] Marriage in belief of death or divorce of former spouse -- Issue legitimate.
When a marriage is contracted in good faith and in the belief of the parties that a former spouse, then living and not legally divorced, is dead or legally divorced, the issue of such marriage born or begotten before notice of the mistake shall be the legitimate issue of both parties.
Amended by Chapter 317, 2019 General Session
[ Section 30-1-2 Renumbered] §81-2-403 Marriages prohibited and void.
(1) The following marriages are prohibited and declared void:
(a) when there is a spouse living from whom the individual marrying has not been divorced;
(b) except as provided in Subsection (2), the individual marrying is under 18 years old; or
(c) between a divorced individual and any individual other than the one from whom the divorce was secured until:
(i) the divorce decree becomes absolute; and
(ii) if an appeal is taken, until after the affirmance of the divorce decree.
(2) A marriage of an individual under 18 years old is not void if the individual:
(a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile court authorization in accordance with Section 81-2-304; or
(b) lawfully marries before May 14, 2019.
Amended by Chapter 300, 2019 General Session Amended by Chapter 317, 2019 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-2.1 Renumbered] §81-2-404 Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.
All marriages, otherwise valid and legal, contracted prior to the effective date of this act, to which either party was subject to chronic epileptic fits and who had not been sterilized, as provided by law, are hereby validated and legalized in all respects as though such marriages had been duly and legally contracted in the first instance.
Enacted by Chapter 41, 1963 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-9 Renumbered] §81-2-304 Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization.
(1)
(a) If an applicant is a minor at the time of applying for a license, a county clerk may not issue a marriage license without the signed consent of the minor's parent or legal guardian given in person to the clerk, except that:
(i) if the parents of the minor are divorced, consent shall be given by the parent having legal custody of the minor as evidenced by an oath of affirmation to the clerk;
(ii) if the parents of the minor are divorced and have been awarded joint custody of the minor, consent shall be given by the parent having physical custody of the minor the majority of the time as evidenced by an oath of affirmation to the clerk; or
(iii) if the minor is not in the custody of a parent, the legal guardian shall provide the consent and provide proof of guardianship by court order as well as an oath of affirmation.
(b) Each applicant, and the minor's consenting parent or legal guardian if an applicant is a minor, shall appear in person before the county clerk and provide legal documentation to establish the following information:
(i) the legal relationship between the minor and the minor's parent or legal guardian;
(ii) the legal name and identity of the minor; and
(iii) the birth date of each applicant.
(c) An individual may present the following documents to satisfy a requirement described in Subsection (1)(b):
(i) for verifying the legal relationship between the minor and the minor's parent or legal guardian, one of the following:
(A) the minor's certified birth certificate with the name of the parent, and an official translation if the birth certificate is in a language other than English;
(B) a report of a birth abroad with the name of the minor and the parent;
(C) a certified adoption decree with the name of the minor and the parent; or
(D) a certified court order establishing custody or guardianship between the minor and the parent or legal guardian;
(ii) for verifying the legal name and identity of the minor, one of the following:
(A) an expired or current passport;
(B) a driver's license;
(C) a certificate of naturalization;
(D) a military identification
(E) a state identification card; or
(F) a government employee identification card from a federal, state, or municipal government; and
(iii) for verifying the birth date of each applicant, one of the following for each applicant:
(A) a certified birth certificate;
(B) a report of a birth abroad;
(C) a certificate of naturalization;
(D) a certificate of citizenship;
(E) a passport;
(F) a driver's license; or
(G) a state identification card.
(d) An individual may not use a temporary or altered document to satisfy a requirement described in Subsection (1)(b).
(2)
(a) The minor and the parent or legal guardian of the minor shall obtain a written authorization to marry from:
(i) a judge of the court exercising juvenile jurisdiction in the county where either party to the marriage resides; or
(ii) a court commissioner as permitted by rule of the Judicial Council.
(b) Before issuing written authorization for a minor to marry, the judge or court commissioner shall determine:
(i) that the minor is entering into the marriage voluntarily; and
(ii) the marriage is in the best interest of the minor under the circumstances.
(c) The judge or court commissioner shall require that both parties to the marriage complete premarital counseling, except the requirement for premarital counseling may be waived if premarital counseling is not reasonably available.
(d) The judge or court commissioner may require:
(i) that the minor continue to attend school, unless excused under Section 53G-6-204; and
(ii) any other conditions that the court deems reasonable under the circumstances.
(e) The judge or court commissioner may not issue a written authorization to the minor if the age difference between both parties to the marriage is more than seven years.
(3)
(a) The determination required in Subsection (2) shall be made on the record.
(b) Any inquiry conducted by the judge or commissioner may be conducted in chambers.
(4)
(a) A parent or legal guardian who knowingly consents or allows a minor to enter into a marriage prohibited by law is guilty of a third degree felony.
(b) An individual is guilty of a third degree felony if the individual:
(i) knowingly, with or without a license, solemnizes the marriage of an individual who is younger than 18 years old and the marriage is prohibited by law;
(ii) without a written authorization from the juvenile court, solemnizes a marriage to which a party is a minor;
(iii) impersonates a parent or legal guardian of a minor to obtain a license for the minor to marry; or
(iv) forges the name of a parent or legal guardian of a minor on any writing purporting to give consent to a marriage of a minor.
Amended by Chapter 300, 2019 General Session Amended by Chapter 317, 2019 General Session; Amended by Chapter 305, 2021 General Session; Amended by Chapter 424, 2024 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-17.4 Renumbered] §81-4-102 Action for annulment or divorce as alternative relief. Nothing herein shall be construed to prevent the filing of an action requesting an annulment or a divorce as alternative relief.
Enacted by Chapter 65, 1971 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-9.1 Repealed]
See Section §81-2-304 for more information.
A parent or guardian who knowingly consents or allows a minor child to enter into a marriage prohibited by law is guilty of a third degree felony.
Enacted by Chapter 129, 2001 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[Section 30-1-13 Repealed ] Solemnization without license -- Penalty.
If an individual knowingly solemnizes a marriage without a license, and if either party is 16 or 17 years old, without a written authorization from a juvenile court, the individual is guilty of a third degree felony.
Amended by Chapter 300, 2019 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[Section 30-1-12 Renumbered] §81-2-306 County clerk to file license and certificate -- Designation as vital record.
(1)
(a) The county clerk shall:
(i) file and preserve the marriage license returned by an individual under Subsection 81-2-305(5) with the certificate of the marriage; and
(ii) record the marriage license and certificate in a book kept for that purpose or by electronic means.
(b) The record shall be properly indexed in the names of the parties so married.
(2) An individual may use a diacritical mark, as defined in Section 26B-8-103, on a marriage license.
(3) A transcript shall be promptly certified and transmitted by the clerk to the state registrar of vital statistics.
(4) The marriage license and the certificate of the individual officiating at the marriage are:
(a) vital records as defined in Section 26B-8-101; and
(b) subject to the inspection requirements described in Section 26B-8-125.
Amended by Chapter 317, 2019 General Session; Amended by HB108, 2021 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-15 Repealed] Solemnization of prohibited marriage -- Penalty.
(1) Any person who knowingly, with or without a license, solemnizes a marriage of a minor prohibited by law is guilty of a third degree felony.
(2) Any person who knowingly, with or without a license, solemnizes a marriage between two adults prohibited by law is guilty of a class A misdemeanor.
Amended by Chapter 129, 2001 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[Section 30-1-16 Repealed] Misconduct of county clerk -- Penalty.
Every clerk or deputy clerk who knowingly issues a license for any prohibited marriage is guilty of a class A misdemeanor.
Amended by Chapter 108, 2013 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[Section 30-1-17.1 Renumbered] §81-4-302 Annulment -- Grounds.
A court may annul a marriage for any of the following causes existing at the time of the marriage:
(1) when the marriage is prohibited or void under Title 81, Chapter 2, Part 4, Validity of Marriage; or
(2) upon grounds existing at common law.
Enacted by Chapter 65, 1971 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-32 Renumbered] §81-2-204 Master plan for counseling.
(1) It shall be the function and duty of the premarital counseling board, after holding public hearings, to make, adopt, and certify to the county legislative body a master plan for premarital counseling of marriage license applicants within the purposes and objectives of this part.
(2) The master plan described in Subsection (1) shall include:
(a) counseling procedures that:
(i) will make applicants aware of problem areas in their proposed marriage;
(ii) suggest ways of meeting problems; and
(iii) will induce reconsideration or postponement when:
(A) the applicants are not sufficiently matured or are not financially capable of meeting the responsibilities of marriage; or
(B) are marrying for reasons not conducive to a sound lasting marriage; and
(b) standards for evaluating premarital counseling received by the applicants, prior to their application for a marriage license, which would justify issuance of certificate without further counseling being given or required.
(3) The premarital counseling board may, from time to time, amend or extend the plan described in Subsection (1).
(4) The premarital counseling board may, subject to Subsection (5):
(a) appoint a staff and employees as may be necessary for its work; and
(b) contract with social service agencies or other consultants within the county or counties for services it requires.
(5) Expenditures for the appointments and contracts described in Subsection (4) may not exceed the sums appropriated by the county legislative body plus sums placed at its disposal through gift or otherwise.
Amended by Chapter 297, 2011 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[ Section 30-1-14 Repealed ] Acting without authority -- Penalty.
An individual is guilty of a third degree felony if the individual:
(1) knowingly solemnizes a marriage in violation of Section 30-1-6, 30-1-7, or 30-1-9.1;
(2) impersonates a parent or guardian of a minor to obtain a license for the minor to marry; or
(3) forges the name of a parent or guardian of a minor on any writing purporting to give consent to a marriage of a minor.
Amended by Chapter 300, 2019 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
[ Section 30-1-33 Renumbered] §81-2-205 Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
Whenever a county has adopted a master plan for premarital counseling no resident of the county may obtain a marriage license without conforming to the plan, except that:
(1) an individual who applies for a marriage license shall have the right to secure the license and to marry notwithstanding the individual's failure to conform to the required premarital counseling or the individual's failure to obtain a certificate of authorization from the premarital counseling board if the individual waits six months from the date of application for issuance of the license;
(2) this part does not apply to any application for a marriage license where both parties are at least 19 years old and neither has been previously divorced;
(3) this part does not apply to any application for a marriage license unless both applicants have physically resided in Utah for 60 days immediately preceding their application; or
(4) premarital counseling required by this part is considered fulfilled if the applicants present a certificate verified by a clergyman that the applicants have completed a course of premarital counseling approved by a church and given by or under the supervision of the clergyman.
Amended by Chapter 297, 2011 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-14 Renumbered] §81-2-206 Completion of counseling or education.
(1) The county clerk of a county that operates an online marriage application system and issues a marriage license to applicants who certify completion of premarital counseling or education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
(2)
(a) To qualify for the reduced fee under Subsection (1), the applicants shall certify completion of premarital counseling or education in accordance with this Subsection (2).
(b) To complete premarital counseling or education, the applicants:
(i) shall obtain the premarital counseling or education from:
(A) a licensed or ordained minister or the minister's designee who is trained by the minister or denomination to conduct premarital counseling or education;
(B) an individual licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
(C) an individual certified by a national organization recognized by the Utah Marriage Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as a family life educator;
(D) a family and consumer sciences educator;
(E) an individual who is an instructor approved by a premarital education curriculum that meets the requirements of Subsection (2)(b)(ii); or
(F) an online course approved by the Utah Marriage Commission;
(ii) shall receive premarital counseling or education that includes information on important factors associated with strong and healthy marriages, including:
(A) commitment in marriage; and
(B) effective communication and problem-solving skills, including avoiding violence and abuse in the relationship;
(iii) shall complete at least three hours of premarital counseling or six hours of premarital education meeting the requirements of this Subsection (2); and
(iv) shall complete the premarital counseling or education meeting the requirements of this Subsection (2) not more than one year before but at least 14 days before the day on which the marriage license is issued.
(c) Although applicants are encouraged to take the premarital counseling or education together, each applicant may comply with the requirements of this Subsection (2) separately.
(3) A provider of premarital counseling or education under this section is encouraged to use research-based relationship inventories.
Amended by Chapter 347, 2018 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-35 Renumbered] §81-2-207 Persons performing counseling services designated by board -- Exemption from license requirements.
For the purposes of this part, the premarital counseling board of each county or combination of counties may determine those persons who are to perform any services under this part and any person so acting is not subject to prosecution or other sanctions for the person's failure to hold any license for these services as may be required by the laws of the state.
Amended by Chapter 297, 2011 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-36 Renumbered] §81-2-201 Definitions for part.
As used in this part:
(1) "Premarital counseling" includes group counseling, individual counseling, and couple counseling.
(2) "Premarital education" includes:
(a) a lecture, class, seminar, or workshop provided by a person that meets the requirements of Subsection 81-2-206(2)(b)(i); or
(b) an online course approved by the Utah Marriage Commission as provided in Subsection 81-2-206(2)(b)(i)(F).
Amended by Chapter 347, 2018 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-37 Renumbered] §81-2-208 Confidentiality of information obtained under counseling provisions.
(1) Except for the information required or to be required on the marriage license application form,
any information given by a marriage license applicant in compliance with this part:
(a) shall be confidential information; and
(b) may not be released by any person, board, commission, or other entity.
(2) Notwithstanding Subsection (1), the premarital counseling board or board of commissioners
may use the information given by a marriage license applicant, without identification of
individuals, to compile and release statistical data.
Amended by Chapter 297, 2011 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-38 Renumbered] §81-2-209 Fee for counseling.
Any county adopting a master plan under this act is authorized to charge, in addition to the county's ordinary marriage license application fees, not more than $10 for premarital counseling, to be paid by the applicants at the time the applicants make application.
Enacted by Chapter 64, 1971 General Session; Renumbered and Amended by Chapter 366, 2024 General Session
[Section 30-1-3 Repealed, Replaced, Renumbered] §81-2-409 Legal recognition of a child when marriage is void.
When a marriage is void under Subsection 81-2-403(1)(a) and the parties entered into the
marriage in good faith, a child of the marriage, who is born or conceived before the parties had
actual knowledge that the marriage was void, shall be legally recognized as the child of the parties.
Renumbered and Amended by Chapter 366, 2024 General Session
81-2-401 Definitions for part. [Title 81; Chapter 2 Marriage; Part 4 Validity of Marriage]
Reserved.
Enacted by Chapter 366, 2024 General Session
§ 81-1-101 Definitions for title. (Title 81 Utah Code)
As used in this title:
(1) "Child" means, except as provided in Section 81-6-101, a biological or adopted child of any age.
(2) "Court" means:
(a) a judge; or
(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration.
(3) "Custodial parent" means:
(a) a parent awarded primary physical custody of a minor child by a court order;
(b) if both parents have joint physical custody:
(i) the parent awarded more overnights each year by a court order; or
(ii) the parent designated as the custodial parent by a court order; or
(c) if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time.
(4) "Minor child" means, except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated.
(5) "Noncustodial parent" means the parent who is not the custodial parent regardless of any designation of joint legal custody.
(6) "Parent" means a parent with an established parent-child relationship as described in Section 78B-15-201.
Renumbered and Amended by Chapter 366, 2024 General Session
81-2-301 Definitions for part. [Title 81; Chapter 2 Marriage; Part 3 Marriage License and Solemnization]
As used in this part:
(1) "County clerk" means:
(a) the county clerk of the county; or
(b) an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages.
(2) "Judge or magistrate of the United States" means:
(a) a justice of the United States Supreme Court;
(b) a judge of a court of appeals;
(c) a judge of a district court;
(d) a judge of any court created by an act of Congress, the judges of which are entitled to hold office during good behavior;
(e) a judge of a bankruptcy court;
(f) a judge of a tax court; or
(g) a United States magistrate.
(3) "Minor" means an individual who is 16 or 17 years old.
(4)
(a) "Native American spiritual advisor" means an individual who:
(i) leads, instructs, or facilitates a Native American religious ceremony or service or provides religious counseling; and
(ii) is recognized as a spiritual advisor by a federally recognized Native American tribe.
(b) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman.
Enacted by Chapter 366, 2024 General Session
[ Section 30-1-10 Repealed Effective 9/1/2024 ] Affidavit before the clerk -- Criminal penalty.
(1) A county clerk may not issue a license until the county clerk receives:
(a) an affidavit from each party applying for the marriage license, stating that there is no lawful reason preventing the marriage; and
(b) if one of the parties to the marriage will not be physically present in the state at the time of solemnization of the marriage, an affidavit from each party applying for the marriage license, stating that that party consents to personal jurisdiction of the state, and the county issuing the marriage license, for the purposes of filing a divorce or annulment of the marriage.
(2) A county clerk shall file and preserve each affidavit provided under this section.
(3) A party who makes an affidavit described in Subsection (1), or a subscribing witness to the affidavit, who falsely swears in the affidavit is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
Repealed 9/1/2024
Amended by Chapter 317, 2019 General Session; Amended by Chapter 424, 2024 General Session; Repealed by Chapter 366, 2024 General Session ,§ 195, eff. 9/1/2024.
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