What is Required for a Valid Marriage in Florida?
Marriage is a significant legal contract that creates rights and obligations between two people, impacting everything from property ownership to inheritance and tax status. In Florida, as in all states, marriage must meet specific legal requirements to be considered valid. These requirements help ensure that both individuals enter into marriage knowingly, willingly, and in compliance with state laws.
Understanding what is required for a valid marriage in Florida can be essential not only for those planning to wed but also for anyone looking to ensure their marriage complies with state regulations. Consult a Boynton Beach family law attorney to discuss the requirements for a valid marriage in Florida, including age restrictions, consent, licensing, and officiation, as well as situations that may render a marriage invalid.
Legal Age and Consent
One of the primary requirements for a valid marriage in Florida is that both individuals must meet the state’s minimum age requirements.
- For individuals 18 and older, there are no additional requirements regarding parental or judicial consent.
- Minors (ages 17) can marry under certain conditions:
- Both parties to the marriage must be at least 17 years old.
- The older party cannot be more than two years older than the minor.
- Written consent must be obtained from the minor’s parents or legal guardians, or a judicial waiver must be granted in cases where parental consent is not available.
In Florida, anyone under 17 is not permitted to marry under any circumstances. These age restrictions are in place to protect minors from entering into legally binding contracts, such as marriage, without sufficient maturity and understanding.
Marriage License Requirement
A valid marriage in Florida requires obtaining a marriage license from a county clerk’s office. This license is a legal document that permits a couple to marry and must be obtained before the wedding ceremony.
Steps to Obtain a Marriage License:
- Visit the Clerk of Court’s Office: Both parties must appear in person at a Florida Clerk of Court’s office to apply for the marriage license. They will need to present valid identification, such as a driver’s license, passport, or state ID.
- Complete an Application: Both individuals must complete a marriage license application, providing information such as their names, addresses, birth dates, and Social Security numbers.
- Pay the License Fee: There is a fee for obtaining a marriage license in Florida, which varies by county but generally falls around $93.50. Couples who complete a state-approved premarital preparation course may qualify for a discount on this fee.
- Waiting Period: Florida has a three-day waiting period for residents between the time the license is issued and the time the marriage ceremony can take place. This waiting period is waived for non-residents and couples who complete a premarital counseling course.
A marriage license is valid for 60 days, during which time the marriage must be performed. After 60 days, the license expires, and the couple would need to apply for a new one if they still wish to marry.
Premarital Preparation Course
Florida encourages couples to complete a premarital preparation course. While it is not required, it does offer certain advantages:
- Fee Reduction: Completing an approved premarital course can reduce the marriage license fee by about $32.50, making the process more affordable.
- Waiver of the Waiting Period: Couples who complete a premarital course do not have to observe the three-day waiting period, allowing them to marry immediately after obtaining the license.
The course, typically lasting at least four hours, covers topics related to communication, conflict resolution, and financial management. The goal is to prepare couples for the realities of marriage and help them build strong, healthy relationships.
Authorized Officiant
For a marriage to be valid in Florida, it must be performed by an authorized officiant. This includes individuals recognized by law as qualified to perform marriage ceremonies, such as:
- Ordained ministers, priests, and rabbis
- Judges, clerks of the court, and notaries public
- Other designated individuals authorized by a religious organization or state government to conduct weddings
The officiant must oversee the marriage ceremony and ensure that the couple expresses consent to be married. After the ceremony, the officiant is responsible for signing the marriage license, affirming that the ceremony was conducted lawfully, and returning the signed license to the Clerk of Court for official recording.
Consent During the Ceremony
Both parties must consent to the marriage during the ceremony, publicly affirming their desire to marry each other. This aspect of consent is typically expressed through traditional vows or an exchange of affirmations. This step ensures that each individual is willingly entering the marriage without any form of coercion, fraud, or undue influence. If consent is not freely given by either party, the marriage may be considered invalid.
No Impediments to Marriage
Florida law prohibits marriage under certain circumstances that could invalidate the union. To be legally valid, a marriage cannot occur if any of the following conditions exist:
- Existing Marriage: Individuals cannot enter into a new marriage if they are still legally married to someone else. Bigamy is illegal in Florida, and any subsequent marriage will be deemed invalid.
- Close Blood Relation: Marriages between close family members, such as siblings, parents, and children, are prohibited under Florida law. This restriction helps to prevent health risks associated with consanguinity and supports the integrity of the family structure.
- Mental Incapacity: Both parties must have the mental capacity to understand the nature and consequences of marriage. If either party is mentally incapacitated at the time of the marriage, it could be grounds for annulment.
Grounds for Annulment Due to Lack of Validity
If a marriage does not meet Florida’s requirements for validity, it may be subject to annulment, which is a legal process that declares the marriage null and void as if it never occurred. Common grounds for annulment in Florida include:
- Lack of Consent: If one or both parties did not freely consent to the marriage due to coercion, fraud, or mental incapacity, an annulment may be granted.
- Failure to Meet Age Requirements: If either party was underage without the necessary consents, the marriage might be annulled.
- Bigamy or Close Blood Relation: Marriages that violate Florida’s restrictions on bigamy and close blood relationships are invalid from the outset and may be annulled upon petition.
Contact the Law Offices of Taryn G. Sinatra, P.A.
To have a valid marriage in Florida, couples must meet the state’s legal requirements, including age restrictions, a valid marriage license, an authorized officiant, mutual consent during the ceremony, and freedom from any legal impediments. Ensuring these requirements are met protects both parties and provides legal certainty to the union. If you are planning to marry in Florida, familiarizing yourself with these requirements can help you avoid potential pitfalls and set the foundation for a legally valid marriage.
If you have questions about marriage requirements, prenuptial agreements, or annulments in Florida, the Law Offices of Taryn G. Sinatra, P.A. is here to help. Our experienced team can guide you through Florida’s marriage laws and assist with legal planning for a secure marital future. Contact us today for a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/0741.html#:~:text=%E2%80%94Marriage%20licenses%20shall%20be%20valid,that%20the%20license%20is%20valid
