Marriage Requirements in Pennsylvania
There are two basics requirement for a Ceremonial Marriage: (1) a marriage license, and (2) A ceremony or solemnization.
• (1) Licence: You can just get a marriage license.
• (2) Ceremony:
o The ceremony need to be performed by a judge, a state official, or a clergy of a recognized religious organization; or
o The ceremony can be performed by the parties themselves, if they file the proper paperwork with the state.
• (3) Substantive restrictions on the bride and the groom.
o (1) The bride and the groom cannot be too closely related, (i.e., they cannot be related by blood or marriage).
The bride and the groom cannot be lineal ancestors or descendants: i.e., parent, child, sibling, grandparent, uncle, or first cousins.
o (2) The bride and the groom cannot be married to someone else.
o (3) The bride and the groom cannot be of the same sex.
Pennsylvania does not recognize same-sex marriage. Same-sex marriage is against Pennsylvania’s public policy and its statutory laws (i.e., the Defense of Marriage Act). Same-sex marriage is prohibited in Pennsylvania, and
o (4) The bride and the groom cannot be under the influence of drugs or alcohol. When the license is sought.
• (3) Additional requirements:
o (1) If you are 18 or older, then you can give consent to enter into a marriage.
o (2) If you are 16 to 18, then you must have parental consent or court approval;
o (3) If you are under 16, then there must be court approval for the marriage, (in such a case, the court will look at the best interest of the child).
In addition to ceremonial marriage, there is also common-law marriage in Pennsylvania. However, after January 1, 2005, common-law marriages are no longer allowed in Pennsylvania. But, you might come across a common-law marriage scenario prior to that date.
Common-Law Marriage Requirements:
• (1) The parties must have agreed to live together as husband and wife (without a license and a ceremony) prior to January 1, 2005;
• (2) The parties must have lived together;
• (3) The parties must have held themselves out to be husband and wife, by words in the present tense or conduct; and
• (4) The parties must have had the requisite mental capacity.
In Pennsylvania, no common-law marriage contracted after January 1, 2005 is valid. However, common-law marriage is contracted before this date will be grandfathered in and recognized as fully valid. Be careful to check the date a common-law marriage commenced to determine if the marriage is valid and can be grandfathered in. Also, the other thing to keep in mind is the requirement of: “words in the present tense.” So if someone has made a future promise to marry someone else prior to 2005, and they are living together, and it looks like that the other requirement has been met, that future promise to marry is not good enough. It has to be words in the present tense.
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