Performing Marriage Ceremonies
One of the most interesting, and somewhat unusual duties of a Florida Notary Public is to perform marriage ceremonies. The law giving Notaries the authority “to solemnize the rites of matrimony” was enacted in 1861. To solemnize a marriage the following is the general procedure:
(1) The couple in tending to marry must obtain a valid Florida marriage license from a county court judge or Clerk of the Circuit Court and present it to the Notary before the marriage ceremony. The effective and the expiration dates of the license must be valid. Require identification if the bride and groom are not personally known to you.
(2) Once all paperwork and identification is verified the marriage ceremony is performed. The ceremony may be personalized, and the bride and groom may even exchange their own vows. But, the couple’s vows must reflect their intentions to make a legally binding commitment to each other.
(3) After the wedding is performed I am responsible for completing the certificate portion of the Marriage Record and returning it to the office that issued the license within 10 days after the solemnizing of the marriage.
Questions and Answers:
Are Witnesses Required to Sign the Marriage Certificate?
Although the marriage certificate has spaces for two witnesses to sign, witnesses are not specifically required by law. However, it is recommended that two witnesses, other than the Notary, sign the marriage certificate in the event that proof of the marriage ceremony is necessary in the future. Remember, though, you are not notarizing the signatures of the witnesses.
May I Perform a Marriage Ceremony in a Different County Then the County Where the Marriage License was Issued?
A Florida marriage license is good in any county in Florida. However, after the marriage is solemnized, the license must be returned to the county that issued it for recording.
May I Perform a Marriage Ceremony While Aboard a Ship?
Yes — as long as the ship is in Florida waters at the time of the ceremony. The legal definition of “Florida waters” is somewhat complex, but is generally stated as three geographic miles from the coastline seaward on the Atlantic Ocean and nine geographic miles from the coastline seaward on the Gulf of Mexico. Determining the exact location of the ship is best left to the captain or someone qualified to make that judgment. Many cruise ships prefer to conduct marriage ceremonies while safely docked in a Florida port. Then, the wedding party enjoys celebrating after the ship sails. Whether on a cruise ship or a private vessel, you should ensure that you are in Florida waters at the time of the marriage ceremony.
May I Officiate a Ceremony for the Renewal of Marriage Vows?
The renewal of marriage vows is not an official duty of a Notary Public. No marriage license is required because no marriage is actually taking place. This type of ceremony is usually done as part of a celebration
of a wedding anniversary or as a recommitment by the parties to each other without any legal effect. So yes I may participate in a renewal ceremony, but not in my official capacity as a Notary Public.
May I Solemnize the Marriage of a Couple When One of the Parties is Under the Age of 18?
Yes, providing the couple produces a valid Florida marriage license signed and sealed by the Clerk of the Circuit Court, and providing that you have no reason to suspect that the marriage license was obtained by fraud. If either or both parties are minors, parental consent is required. It is the responsibility of the bride and groom to provide the proper documentation to the Clerk’s Office when they apply for the marriage license.
A Notary Public may NOT solemnize the marriage of two individuals when one party is not physically present, but participates in the ceremony via telephone or video transmission, or when one of the parties is not present and another individual represents the person in the ceremony, i.e., "Marriage by Proxy."
No. Florida law does not allow a marriage by proxy. Both parties must be physically present before the Notary Public for the solemnization of the marriage. The Notary should properly identify both parties prior to the ceremony.
(1) The couple in tending to marry must obtain a valid Florida marriage license from a county court judge or Clerk of the Circuit Court and present it to the Notary before the marriage ceremony. The effective and the expiration dates of the license must be valid. Require identification if the bride and groom are not personally known to you.
(2) Once all paperwork and identification is verified the marriage ceremony is performed. The ceremony may be personalized, and the bride and groom may even exchange their own vows. But, the couple’s vows must reflect their intentions to make a legally binding commitment to each other.
(3) After the wedding is performed I am responsible for completing the certificate portion of the Marriage Record and returning it to the office that issued the license within 10 days after the solemnizing of the marriage.
Questions and Answers:
Are Witnesses Required to Sign the Marriage Certificate?
Although the marriage certificate has spaces for two witnesses to sign, witnesses are not specifically required by law. However, it is recommended that two witnesses, other than the Notary, sign the marriage certificate in the event that proof of the marriage ceremony is necessary in the future. Remember, though, you are not notarizing the signatures of the witnesses.
May I Perform a Marriage Ceremony in a Different County Then the County Where the Marriage License was Issued?
A Florida marriage license is good in any county in Florida. However, after the marriage is solemnized, the license must be returned to the county that issued it for recording.
May I Perform a Marriage Ceremony While Aboard a Ship?
Yes — as long as the ship is in Florida waters at the time of the ceremony. The legal definition of “Florida waters” is somewhat complex, but is generally stated as three geographic miles from the coastline seaward on the Atlantic Ocean and nine geographic miles from the coastline seaward on the Gulf of Mexico. Determining the exact location of the ship is best left to the captain or someone qualified to make that judgment. Many cruise ships prefer to conduct marriage ceremonies while safely docked in a Florida port. Then, the wedding party enjoys celebrating after the ship sails. Whether on a cruise ship or a private vessel, you should ensure that you are in Florida waters at the time of the marriage ceremony.
May I Officiate a Ceremony for the Renewal of Marriage Vows?
The renewal of marriage vows is not an official duty of a Notary Public. No marriage license is required because no marriage is actually taking place. This type of ceremony is usually done as part of a celebration
of a wedding anniversary or as a recommitment by the parties to each other without any legal effect. So yes I may participate in a renewal ceremony, but not in my official capacity as a Notary Public.
May I Solemnize the Marriage of a Couple When One of the Parties is Under the Age of 18?
Yes, providing the couple produces a valid Florida marriage license signed and sealed by the Clerk of the Circuit Court, and providing that you have no reason to suspect that the marriage license was obtained by fraud. If either or both parties are minors, parental consent is required. It is the responsibility of the bride and groom to provide the proper documentation to the Clerk’s Office when they apply for the marriage license.
A Notary Public may NOT solemnize the marriage of two individuals when one party is not physically present, but participates in the ceremony via telephone or video transmission, or when one of the parties is not present and another individual represents the person in the ceremony, i.e., "Marriage by Proxy."
No. Florida law does not allow a marriage by proxy. Both parties must be physically present before the Notary Public for the solemnization of the marriage. The Notary should properly identify both parties prior to the ceremony.