Legal Responsibilities of Marriage Officiants
Utah laws pertaining to marriage licenses and marriage officiants are found in Utah Code Annotated, Title 81 Utah Domestic Relations Code, Chapter 2 Marriage. Specific Sections are referenced below.
Instructions for finalizing a license are found at Using the Officiant Submission.
As part of the Officiant Submission, you will swear or affirm that the marriage ceremony you performed met the conditions of:
- Authority:The officiant is at least 18 years of age and duly authorized to solemnize a legal marriage within the State of Utah based on their religious authority, civil office, or designation by the county clerk.
- Location:At the time of the ceremony, the officiant was physically present in the State of Utah in the city and county indicated as the location of the ceremony.
- Willing Consent:The marriage was solemnized in such a way that each party to the marriage willingly declared their intent to enter the marriage through a statement and/or an affirmative answer.
- Witnesses:The marriage was solemnized in the presence of two witnesses, each witnessing the willing declaration of intent by each party and the pronouncement of marriage by the officiant, and each being at least 18 years of age.
An individual who knowingly or intentionally makes a false statement on the officiant submission (digital certificate of marriage) is guilty of perjury.
Utah Code § 81-2-305 (5)
With a digital license, rather than writing on a paper certificate, you will use the online Officiant Submission (the couple will provide you with their unique link). Enter the information – including the names of two witnesses – and digitally sign. This process fulfills all the requirements of Utah Law to “return the license… with a certificate of the marriage.”
By law, officiants have 30 days to return the certificate. We encourage you to do it as soon as possible. If you fail to submit the information within 30 days of the marriage, you are guilty of an infraction.
Utah Code § 81-2-305 (5)
In Utah the standard minimum age for marriage is 18. Minors who are 16 and 17 years of age can get married with both parental and judicial consent – and they must apply for their marriage license in person. They should contact the marriage license office directly for instructions on this process. No one under the age of 16 can be legally married.
An officiant who knowingly solemnizes the marriage of a minor who has not received the necessary permission is guilty of a third-degree felony.
An officiant who knowingly solemnizes the marriage of two adults prohibited by law (incestuous or bigamous marriages) is guilty of a class A misdemeanor.
A marriage license issued by a county in the state must be used in the state. This means the officiant must be physically located in the state of Utah at the time of the ceremony.
For remote appearance marriages, your location serves as the “host location” of a videoconference ceremony, establishing the necessary jurisdiction to use a Utah County marriage license.
During a ceremony held by remote appearance, the officiant, the couple, and witnesses all need to be able to see and hear one another and be seen and heard by one another.
Utah Code § 81-2-302(2)(b)
A Utah marriage license has no waiting period but must be used within 32 days after the day it was issued. If their marriage license expires before the marriage is solemnized, a couple must apply for and be issued a new license.
Utah Code § 81-2-302(4)
Marriage officiants typically fall into one of three categories:
- Authorized by a religious denomination; this includes online ordinations.
- Specific public office holders (judges, mayors, etc.); list available at Find an Officiant.
- Designees of a County Clerk; information at Become an Officiant.
Utah law does not require officiants to register with the state or county. On the Officiant Submission, use the title that clearly indicates your authority to solemnize marriages: Designee, Minister, Judge, Bishop, etc.
Utah Code § 81-2-305
It is a third-degree felony to use a Utah County Marriage License contrary to Utah State Law, and it risks invalidating the couple’s marriage. This includes, but is not limited to, using a license:
- Outside of the state of Utah (remote-appearance marriage ceremonies must be hosted by an officiant physically present in the state of Utah),
- Past its expiration date (more than 32 days after the date of issuance
- By an individual not authorized to solemnize marriages based on their religious authority, civil office, or designation by the county clerk,
- For the marriage of a minor (under 18) without parental and judicial consent.
Utah Code § 81-2-305
