Also known as: solemnizes · solemnized · solemnizing · solemnity · solemnities · solemnization · solemnizations · marriage ceremony · formalize
Written by attorneys · grounded in primary & secondary sources — see below
A formal act by which parties enter into a marriage before witnesses. The act is typically performed by a judicial officer or member of the clergy after a license has been obtained.
Seth Shapiro and Sarah Sullivan stand before an officiant at their scheduled ceremony. Seth consumed large amounts of alcohol immediately before the event and cannot comprehend the vows. The court later examines whether mental capacity existed at the precise moment of solemnization and invalidates the marriage on that basis.
Sean Steele secures a marriage license from the designated county officer. He and Stella Shapiro then participate in a ceremony conducted by a member of the clergy with two witnesses present. The combination of license and solemnization produces a valid marriage under state requirements.
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Sasha Stone cannot attend the ceremony because of overseas military service. She executes a written authorization for a third party to serve as her proxy. The officiant conducts the solemnization with Samantha Stone present and the proxy representing Sasha, creating a valid marriage in the state that permits the procedure.
Seth Shapiro and Sarah Sullivan travel to another state to participate in a solemnization ceremony performed by a judicial officer. The home state later recognizes the marriage because the ceremony satisfied the formal requirements of the place where it occurred.
Sean Steele and Stella Shapiro complete the required formal steps for their marriage. The last act of solemnization by the authorized officiant finalizes the union in the same manner that a signature completes an official commission.
Sasha Stone and Samantha Stone attempt solemnization in a forum lacking authority over their marital status. The court holds that only the state with proper jurisdiction can give legal effect to the ceremony performed within its borders.
A judge of a court of record, a public official authorized to solemnize marriages, or a person acting in accordance with the mode recognized by a religious denomination may perform the ceremony. The person solemnizing the marriage completes the certificate and forwards it to the clerk.
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Yes in states that permit proxy marriage. The absent party must authorize a third person in writing to act as proxy. The officiant may proceed if satisfied that the absent party consented and is unable to attend.
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Capacity is measured at the time the marriage ceremony took place. A party under the influence of alcohol or drugs at that moment may lack the mental capacity required for a valid marriage.
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The solemnization remains valid if neither party believed the officiant lacked qualification. The defect in the officiant's authority does not invalidate the marriage under those circumstances.
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…has been delivered when executed and given to the Secretary for sealing, recording and transmission. In letters patent certain solemnities are required by law and a formal delivery to the person is not among them. The sign manual of the President and the seal are those solemnities for commissions. The transmission and…