Our complete list of the 32 Virgin Islands Annotated Code relevant to marriage. American Marriage Ministries provides a comprehensive list of laws for Virgin Islands US related to the marriage license, who can officiate weddings, and officiant registration.
US Virgin Islands MENUThe law(s) below are the relevant statutes relating to who can solemnize marriage and officiant registration in US Virgin Islands (where applicable).
Below you can read through our curated list of all US Virgin Islands laws related to marriage, weddings, officiants, and marriage licenses. If it is in any way marriage related, you will find it here.
§ 1. Void marriages (a) A marriage is prohibited and void from the beginning, without being so decreed and its nullity may be shown in any collateral proceeding, when it is between— (1) a man and his grandmother, grandfather's wife, wife's grandmother, father's sister, mother's sister, mother, stepmother, wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter or sister's daughter; (2) a woman and her grandfather, grandmother's husband, husband's grandfather, father's brother, mother's brother, father, stepfather, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, husband's son's son, husband's daughter's son, brother's son or sister's son; or (3) any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce. (b) Any of such marriages may also be declared to have been null and void by judicial decree.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 33. Solemnization of marriage by unauthorized person; penalty: Whoever, not being a person authorized by section 32 of this title, solemnizes the rites of marriage in the Virgin Islands, shall be fined not more than $500.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 2. Voidable marriages: A marriage is illegal and shall be void from the time its nullity is declared by decree, if either party thereto— (1) is an idiot or a person adjudged a lunatic; (2) has consented thereto by reason of fraud or force; (3) is incapable, from physical causes, of entering into the marriage itself; or (4) is under the age of consent, which is hereby declared to be 18 years of age.
—Amended Jan. 18, 2020, No. 8255, § 4, Sess. L. 2019, p. —.
§ 34. Solemnizing marriage without a license; penalty: Whoever, being authorized by section 32 of this title to solemnize marriages, solemnizes a marriage without first having had delivered to him a license addressed to him, issued by the clerk of the Superior Court and authorizing the marriage, shall be fined not more than $500.
—Amended Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 3. Institution of proceeding to declare marriage null: (a) A proceeding to declare the nullity of a marriage may be instituted in the case of— (1) an infant under the age of consent by such infant, through a next friend, or by the parents or guardian of such infant; or (2) an idiot or lunatic by next friend. (b) No proceeding to declare the nullity of a marriage may be instituted by a person who, being fully capable of contracting a marriage, has knowingly and willfully contracted any marriage declared illegal by sections 1 and 2 of this title.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 4. Entering into prohibited marriages outside the Virgin Islands: If any marriage declared illegal by sections 1 and 2 of this title is entered into in another jurisdiction by persons having and retaining their domicile in the Virgin Islands, such marriage shall be deemed illegal, and may be decreed void in the same manner as if it had been celebrated within the Virgin Islands.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 40. Failure to make return of marriage: Whoever, having solemnized the rites of marriage under authority of a license issued pursuant to section 38 of this title, fails to make return as therein required, shall be fined not more than $50.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 31. Nature of marriage: Marriage is hereby declared to be a civil contract which may be entered into between a male and a female in accordance with law.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 32. Persons solemnizing marriage: No marriage shall be valid unless solemnized by— (1) a clergyman or minister of any religion whether he resides in the Virgin Islands or elsewhere in the United States; or (2) witnessed by a Local Spiritual Assembly of the Bahai is according to the usage of their religious community; or (3) any judge or any court of record.
—Amended Dec. 23, 1970, No. 2882, Sess. L. 1970, p. 368. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
If upon the examination prescribed by § 35 of this chapter, it appears that the applicant is under 18 years of age, the court shall not, under any circumstances issue a marriage license.
—Amended Nov. 29, 1972, No. 3333, Sess. L. 1972, p. 507; amended Jan. 18, 2020, No. 8255, § 1(b), Sess. L. 2019, p. —. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 35. Examination of applicants for marriage license: (a) The clerk of the Superior Court, before issuing any license to solemnize a marriage, shall examine the applicants therefor under oath, and ascertain with respect to each such applicant— (1) the full name, and age at last birthday; (2) date and place of birth; (3) nationality, and usual residence; (4) previous marital status (never married, widowed, divorced, marriage annulled); and (5) whether related to the other applicant, and if so in what degree. (b) The facts required by subsection (a) of this section shall appear in writing on the face of the application. Application forms shall be printed, and shall be supplied by the court. (c) Any false statements in regard to the matters required by subsection (a) of this section or to any other matters called for on the application for a marriage license, shall be perjury.
—Amended May 16, 1957, No. 160, § 31, Sess. L. 1957, p. 28; Oct. 16, 1959, No. 506, § 1, Sess. L. 1959, p. 204; Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; amended Jan. 18, 2020, No. 8255, § 1(a), Sess. L. 2019, p. —. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 37. Posting of application: (a) Before any marriage license is issued, the application for such license shall be posted for public examination in the office of the clerk of the court for 8 days. (b) In special cases, however, the court may issue a license without the posting required by subsection (a) of this section.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 38. Issuance of marriage license; form: (a) If it appears from the examination required by section 35 of this title that the parties are legally competent to marry, and if the provisions of sections 36 and 37 of this title, should they be applicable, have been complied with, the Superior Court shall issue a license addressed to some particular minister, judge or other person authorized to solemnize marriage, which shall be in the following form: Number To authorized to celebrate marriage in the Virgin Islands, Greeting: You are hereby authorized to celebrate the rites of marriage between of and of , and having done so, you are commanded to make return of same to this court within ten days under a penalty of $50 for default therein. This license is valid for three months only. Witness my hand and Seal of the Superior Court of this day of Anno Domini . , Judge. (b) Said return shall be made in person or by mail on a coupon issued with said license and bearing a corresponding number therewith within ten days from the time of the marriage, and shall be in the following form: Number I, who have been duly authorized to celebrate the rites of marriage in the Virgin Islands, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized the marriage of and named therein, on the day of at in the Virgin Islands. (c) A second coupon, of corresponding number with the license, shall be attached to and issued with the license, to be given to the contracting parties by the minister or other person to whom such license was addressed, and shall be in the following form: Number I hereby certify that on this day of at , and were by me united in marriage in accordance with the license issued by the Superior Court of . (d) The forms prescribed in subsections (b) and (c) of this section shall be signed and dated by the persons executing them.
—Amended May 16, 1957, No. 160, § 32, Sess. L. 1957, p. 29; Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 64. Conveyances, transfers and liens between spouses: A conveyance, transfer or lien executed by either husband or wife to or in favor of the other, shall be valid to the same extent as between other persons.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 39. Fees: The following fees shall be charged: (a) Marriage license including notarization of application $100.00 (b) Marriage by judge $400.00 (c) Marriage license application $100.00 (d) Such fees shall be paid over to the Treasury of the Virgin Islands.
—Amended June 8, 1959, No. 434, §§ 2, 3, Sess. L. 1959, p. 48; Nov. 7, 1983, No. 4877, § 306(d), Sess. L. 1983, p. 229; Apr. 28, 1993, No. 5835, § 3(b), Sess. L. 1993, p. 22; July 14, 2003, No. 6585, § 11, Sess. L. 2003, p. 30; Apr. 9, 2011, No. 7248, § 14(1)–(3), Sess. L. 2011, p. 17. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 41. Records to be maintained by Superior Court: (a) Each Superior Court shall provide a record book consisting of applications and licenses in blank, to be filled up with information on the parties for whose marriages any licenses are issued. The applications and licenses shall be numbered consecutively from “1” upwards. (b) The Superior Court shall also keep a record book in which shall be recorded, in the order of their numbers, the certificates of the ministers or other persons authorized, upon their returns to the court, corresponding to the record book of licenses issued. (c) A copy of any license and certificate of marriage so kept and recorded, certified by the judge or the clerk of the Superior Court under his hand and the seal of the court, shall be competent evidence of the marriage.
—Amended May 29, 1959, No. 417, § 1, Sess. L. 1959, p. 23; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 61. Name of wife: The wife shall bear the surname of her husband.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 66. Liability of spouse for debts of the other: Neither spouse is liable for the debts or liabilities of the other incurred before marriage, and, except as otherwise provided in this chapter, they are not liable for the separate debts of each other nor is the rent or income of property of either liable for the separate debts of the other.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 62. Interest in property of spouse: When property is owned by either husband or wife, the other has no such interest as will make the same liable for the contract or liabilities of either the husband or wife who is not the owner of property, except as otherwise provided in this chapter.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 63. Interspousal immunity abolished: The common law doctrine of interspousal immunity is hereby declared to be abolished and either spouse may sue and be sued, not only free from the other spouse's participation and control, but they also may sue one another for injuries to person or property to the same extent and manner as if unmarried.
—Amended Mar. 16, 1973, No. 3397, Sess. L. 1973, p. 15. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 65. Appointing spouse as attorney: A husband or wife may constitute the other his or her attorney in fact, to control or dispose of his or her property and may revoke the same to the same extent and manner as other persons.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 67. Separate estates: The husband and wife shall have the right to manage and dispose of their respective estates, except as otherwise provided in this chapter.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 68. Separate property of wife: The property and pecuniary rights of every married woman at the time of her marriage or afterwards acquired by gift, devise, or inheritance shall not be subject to the debts or contracts of her husband, and she may manage, sell, convey or devise the same by will to the same extent and in the same manner that her husband can property belonging to him.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 69. Property acquired by labor of wife: The property, either real or personal, acquired by any married woman during coverture by her own labor shall not be liable for the debts, contracts, or liabilities of her husband, but shall in all respects be subject to the same exemptions and liabilities as property owned at the time of her marriage or afterwards acquired by gift, devise or inheritance.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 70. Liability for civil injuries committed by married woman For all civil injuries committed by a married woman damages may be recovered from her alone, and her husband shall not be responsible therefor, except in case where he would be jointly responsible with her if the marriage did not exist.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 71. Contracts and liabilities of wife Contracts may be made by a wife, and liabilities incurred, and the same enforced by or against her to the same extent and in the same manner as if she were unmarried.
Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 81. Definition: A vesper marriage is a civil contract by and between two competent persons of opposite sex, each of whom shall have attained the age of sixty years, by which the parties agree to live together in the relationship of husband and wife without acquiring any interest in or claim upon the marital estate, property and income of the other and without any legal right of inheritance, one from the other, in accordance with provisions and conditions of this subchapter.
—Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 82. Application for and issuance of license: (a) Upon a form to be provided by the clerk, the parties may apply to the Superior Court for a license to contract a vesper marriage. The application form shall contain the following statements: (1) That each of the parties has attained the age of sixty years; (2) That each of the parties is free to marry and is not married to any other living person, and (3) That each party acknowledges that, upon contracting a vesper marriage, he or she forever renounces all right, interest and claim of right or interest in the estate of his or her intended spouse except as herein provided. (b) Each of the parties applicant shall execute the application in the presence of the clerk or his deputy and shall acknowledge before such officer that he or she does so freely and with full understanding of the content of the application. (c) If satisfied that the parties are legally competent to be married, a judge of the Superior Court shall issue, upon payment of a fee of $50.00 by the applicant, a license authorizing any qualified officer to perform the marriage ceremony and issue a Certificate of Vesper Marriage.
—Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272; amended May 9, 2011, No. 7260, § 3(1.), Sess. L. 2011, p. 83. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 83. Qualification of officer performing ceremony and issuance of certificate; fee; time limitation: (a) The clerk, his deputy, any ordained minister of an established church or any officer authorized by law of the Virgin Islands to administer oaths and take acknowledgments is qualified to perform a Vesper Marriage Ceremony. (b) Upon the performance of a vesper marriage the officer or minister shall issue a Certificate of Vesper Marriage, drawn upon a form furnished by the clerk, certifying that the parties have been joined in vesper marriage upon the date stated in the certificate. The original of the certificate shall be handed to the parties and a copy shall be delivered forthwith to the Superior Court for filing. Failure of the officer to deliver a copy of the certificate for filing shall be punishable as a misdemeanor with the maximum fine of $100.00. (c) If the license is not exercised within ten days after its issuance it shall be null and void. (d) If the marriage ceremony is performed by a judge or the clerk of the Superior Court, the clerk shall collect a fee of $50.00. All fees collected under this subchapter shall be covered into the Treasury of the Virgin Islands.
—Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272; amended May 9, 2011, No. 7260, § 3(2.), Sess. L. 2011, p. 83. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 84. Rights and privileges; obligations; taxation and pension exception: (a) Couples joined in vesper marriage are entitled to and shall enjoy all of the rights and privileges afforded married couples generally, except as otherwise provided herein and as pertains to taxation and the receipt of pension benefits. (b) Each party to a vesper marriage shall owe to the other the duties and obligations of care, maintenance and support so long as the parties cohabit. These duties and obligations shall cease in the event that the parties shall separate one from the other and discontinue cohabitation, except as otherwise provided herein. (c) For purpose of taxation and the receipt of pension benefits, parties to a vesper marriage shall be considered and treated as single persons as though they had not entered into the marriage contract.
—Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 85. Termination and dissolution: (a) (1) At any time during the first year of the marriage either party may terminate the marriage relationship by ceasing to live with the other party, notifying the other party in writing of his or her intent to file a Notice of Termination and by filing a Notice of Termination in the Superior Court upon a form to be furnished by the clerk. The marriage relationship shall be considered as terminated ten days after the notice is filed. (2) Proof of service of the notice of intent to file Notice of Termination may be established by receipt signed by the other party, by affidavit reciting personal service or by personal service by the Virgin Islands marshal and probation officer of the Superior Court or his deputy. (3) A copy of the Notice of Termination shall be mailed without delay to the other party at his or her last known address by the clerk. (b) (1) After one year of the marriage the relationship may be terminated only by separation and mutual agreement of the parties. Upon such agreement the parties shall file a Notice of Termination and Dissolution, executed by each party in the presence of the clerk or his deputy, in the Superior Court. The marriage relationship shall be dissolved upon the filing of this notice. (2) Absent an agreement of the parties, after one year of marriage, a vesper marriage can be dissolved only by an action filed in and determined by a court of competent jurisdiction to hear and determine marital disputes and grant decrees of divorce. In such action no award of support or alimony shall be granted unless it shall be made to appear that one of the parties has been rendered dependent by reason of the marriage and that the other party is financially able to contribute to the other's support. Upon such showing the court may award an amount sufficient to maintain the dependent party within the means of the other. Such an award shall not become a charge against or upon the contributor's estate. (c) A fee of $50.00 shall be collected by the clerk for filing a Notice of Termination or a Notice of Termination and Dissolution.
—Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272; amended May 9, 2011, No. 7260, § 3(3.), Sess. L. 2011, p. 83; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
§ 86. Property held by the entirety; testamentary disposition to spouse: Nothing contained in this subchapter shall be construed as prohibiting the acquisition, by the parties to a vesper marriage, of property by the entirety nor shall it be construed as preventing or limiting the right of either spouse to dispose of his or her estate by testamentary disposition including the right to bequeath and devise property to his or her spouse. The right of either spouse to inherit under the will or testament of the other shall not be affected by the provisions hereof.
—Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272. ; Statutes current through Act 8439, all 2020 legislation and code changes through March 1, 2021
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