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MARRIAGE LAWS – UTAH

The marriage law in the State of Utah is governed by Title 30 of the Utah Code. The title contents the provisions regarding void and voidable marriages, common law marriages, marriage license, marriage solemnizing authority, solemnization and return of marriage license and issuing marriage certificate to the newly married couple.

INCESTUOUS MARRIAGES

The following marriages are incestuous and void from the beginning, whether the relationship is legitimate or illegitimate:

1. •  marriages between parents and children;
2. •  marriages between ancestors and descendants of every degree;
3. •  marriages between brothers and sisters of the half as well as the whole blood;
4. •  marriages between uncles and nieces or aunts and nephews;
5. •  marriages between first cousins,
6. •  marriages between any persons related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law

First cousins may marry under the following circumstances:

1. •  both parties are 65 years of age or older; or
2. •  if both parties are 55 years of age 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.

MARRIAGES PROHIBITED AND VOID

The following marriages are prohibited and declared void:

1. •  when there is a husband or wife living, from whom the person marrying has not been divorced;
2. •  when the male or female is under 18 years of age unless consent is obtained from the parents or legal guardian;
3. •  when the male or female is under 14 years of age or, beginning May 3, 1999, when the male or female is under 16 years of age at the time the parties attempt to enter into the marriage; however, exceptions may be made for a person 15 years of age,
4. •  between a divorced person and any person other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree; and
5. •  between persons of the same sex.

MARRIAGE LICENSE

A marriage may not be solemnized in this state without a license issued by the county clerk of any county of this state. A license issued within this state by a county clerk may only be used within this state. A license that is not used within 30 days of the date of issuance is void.

Application for license

A marriage license may be issued by the county clerk to a man and a woman only after an application has been filed in his office, requiring the following information:

1. •  the full names of the man and the woman, including the maiden name of the woman;
2. •  the Social Security numbers of the parties, unless the party has not been assigned a number;
3. •  the current address of each party;
4. •  the date and place of birth (town or city, county, state or country, if possible);
5. •  the names of their respective parents, including the maiden name of the mother;
6. •  the birthplaces of fathers and mothers (town or city, county, state or country, if possible); and
7. •  the distinctive race or nationality of each of the parents.
   

If one or both of the parties is under 16 years of age, they shall first obtain from the the clerk a standard petition on a form approved by the Judicial Council to be presented to the juvenile court to obtain the authorization required.

 

The Social Security numbers obtained under the authority may not be recorded on the marriage license, and are not open to inspection as a part of the vital statistics files.

 

The Department of Health, Bureau of Vital Records and Health Statistics shall, upon request, supply those Social Security numbers to the Office of Recovery Services within the Department of Human Services.

The Office of Recovery Services may not use any Social Security numbers obtained under the authority of this section for any reason other than the administration of child support services.

PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGES

Marriages may be solemnized by the following persons only:

1. •  ministers, rabbis, or priests of any religious denomination who are:
   1. •  in regular communion with any religious society; and
   2. •  18 years of age or older;
      
2. •  Native American spiritual advisors;
3. •  the governor;
4. •  mayors of municipalities or county executives;
5. •  a justice, judge, or commissioner of a court of record;
6. •  a judge of a court not of record of the state;
7. •  judges or magistrates of the United States ;
8. •  the county clerk of any county in the state, if the clerk chooses to solemnize marriages;
9. •  the president of the Senate;
10. •  the speaker of the House of Representatives; or
11. •  a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.

A person authorized to solemnize a marriage shall give to the couple married a certificate of marriage that shows the:

1. •  name of the county from which the license is issued; and
2. •  date of the license's issuance.

COMMON LAW MARRIAGE

A common law marriage is a situation where a man and woman have never had a formal wedding ceremony but may be declared husband and wife. Filing for common law marriage will allow the court to assist in matters such as custody or the division of property. Utah does recognize the validity of common law marriages. In order for a common law marriage to be filed, the following qualifications must be met:

•  Both parties must be competent and able to give consent.

•  Both must be able to be married.

•  Both must be living together as man and wife.

•  Both have assumed marital responsibilities and duties.

•  Both must have "held themselves out" as husband and wife such that others perceived them to be married.

RETURN OF LICENSE AFTER CEREMONY

The person solemnizing the marriage shall within 30 days thereafter return the license to the clerk of the county whence it issued, with a certificate of the marriage over his signature, giving the date and place of celebration and the names of two or more witnesses present at the marriage.

FEES

A fee of $45 is applicable in most counties. The fee may also include two certified copies of the license.