In Marriage, Law Gets Tied in the Knot

Have you ever wondered, while you’re sitting quietly in the back watching a wedding ceremony, why the official conducting the ceremony--even if it’s not a judge but a minister or rabbi--always seems to say something about the “jurisdiction of the state of California” when declaring the couple “husband and wife”?

It seems that the law rears its head everywhere, even in the bridal suite. Marriage may be a religious covenant or a romantic notion, but it is regulated by law. Indeed, it is even defined by the state code as “a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary.”

Warning in Code

“Consent alone will not constitute marriage,” the code warns. “It must be followed by the issuance of a license and solemnization as authorized by this code.”

The code does not tell the clergyman or judge what to include in the vows. The stuff about “in sickness and in health, to have and to hold till death do you part,” is not mandated by law. However, the law does require a bit of romance. The parties must “declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife.” All the rest is part of the show.

There are other legal requirements to marriage. In case you’ve been wondering, and even if you haven’t, here are some of them.

If you read the above definition carefully, you’ll note it only applies to “a man and a woman,” so people of the same sex need not apply; they cannot legally marry.

The minimum age for marriage in California is 18. However, if you’re under 18, don’t despair. The law allows minors to marry with the consent of a parent or guardian and the approval of a Superior Court judge. The judge may order you to undergo marriage counseling before consenting to the marriage.

The county clerk is prohibited from granting a marriage license to anyone who is insane or an imbecile, although I wonder how the county clerk would know, in either case.

And, when applying for a marriage license, if you show up at the county clerk’s office under the influence of alcohol or drugs, no license will be granted. So if you propose over lunch and can’t wait a day to apply for the license, you’d better skip the wine, or plan to drive to Las Vegas.

Cousins Can Marry

You can’t marry your brother or sister (half or full), your aunt or uncle, or your niece or nephew, but unlike most other states, California does allow marriages between first cousins.

You can’t marry someone who is already married. A divorce or annulment must be final before you visit the altar again.

If you’re of child-bearing age and know you can’t have children, you must inform your prospective partner, or else the marriage can be voidable later.

There are lots of other technical rules, including blood tests, forms to fill out and health brochures to read, but you don’t need to know about them unless you’re ready to get married, in which case you’ll find out all about them when you visit the county clerk and apply for a license.

Klein cannot answer mail personally but will respond in this column to questions of general interest about the law. Write to Jeffrey S. Klein, Legal VIEW, The Times, Times Mirror Square, Los Angeles 90053.