Also known as: proxy marriage · proxy-marriage · proxy-marriages · marriage by proxy · proxy wedding
Written by attorneys · grounded in primary & secondary sources — see below
A ceremonial form of marriage in which one prospective spouse authorizes a third party in writing to stand in during the solemnization when the authorizing spouse cannot attend. The written authorization must identify the proxy and the intended spouse. The officiant then performs the ceremony with the proxy present in place of the absent party.
Lena works overseas and cannot return before Marco begins his fellowship. She emails a signed statement authorizing her sister Nora to stand in at the courthouse ceremony. The judge conducts the solemnization with Marco and Nora present. The marriage takes effect at the conclusion of that ceremony.
A New Jersey resident marries a Cuban resident by proxy on May 4, 1966. The wife later refuses to move to New Jersey and the court finds she never intended to reside with her husband. The marriage is subject to annulment because the wife fraudulently induced the proxy ceremony.
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Yes. The rule requires only that the absent party authorize the proxy in writing. A text message that clearly identifies the proxy and the intended spouse meets that requirement when the state permits proxy marriages.
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No. Only the authorizing party needs to be absent. The other party appears in person while the proxy stands in for the absent spouse.
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It can. Modern statutes and case law often treat a reliable electronic signature as satisfying the writing requirement when it clearly conveys the absent party's consent and choice of proxy.
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No. Financial motives do not invalidate a marriage that otherwise complies with the state's proxy authorization and solemnization rules.
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