Is confidential marriage valid in California?

Q: Should I get a confidential marriage license in California?

Whether to get a confidential marriage license depends on your privacy needs. If you value keeping your marriage private and do not require public documentation, it may be a suitable choice. However, consider potential legal challenges, especially regarding proof of marriage in future situations like divorce or inheritance.

Full question:

My boyfriend and I are living together since five years. We have now decided to get married. But we do not want to have a public marriage. Is confidential marriage accepted and valid in the State of California?

Category: Marriage
Date: 04/07/2025
State: California

Answer:

In the United States, the first step to getting married is obtaining a marriage license. California is unique in offering both public and confidential marriage licenses. A confidential marriage license is legally binding but does not appear in public records. According to Cal. Fam. Code § 500, a county clerk can issue this license when both parties appear together in person.

Furthermore, Cal. Fam. Code § 511 states that this license is not available for public inspection unless a court orders it for good cause. Note that a confidential marriage license is valid for only 90 days after issuance.

To qualify for a confidential marriage license, the following requirements must be met:

Both parties must be of legal age.
The couple must be living together as partners.
Both parties must sign an affidavit confirming they have been living together as spouses.
The marriage must occur in the county where the license was issued, and the license must be filed in that county.
No witnesses are required to sign the license.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is more important, a marriage license or a marriage certificate?

A marriage license is essential for getting married, as it grants permission to wed. After the ceremony, a marriage certificate is issued, which serves as official proof of the marriage. Both are important: the license is needed before the marriage, while the certificate is needed afterward for legal purposes.

How to get a confidential marriage in California?

To obtain a confidential marriage license in California, both parties must appear together at the county clerk's office. They need to provide proof of identity, sign an affidavit confirming they have been living together as spouses, and meet the legal age requirement. The marriage must occur in the issuing county, and the license must be filed there.

What are the cons of confidential marriage?

One downside of a confidential marriage is that it is not publicly recorded, which may complicate legal matters like inheritance or spousal rights. Additionally, if a court needs to access the records, it can only do so for good cause, which may limit transparency. Lastly, if the marriage ends, obtaining a divorce may be more complex without public documentation.

What are the disadvantages of a confidential marriage license in California?

Disadvantages of a confidential marriage license in California include limited public access to the marriage record, which can complicate legal processes. Additionally, if a couple separates, they may face challenges in proving the marriage for divorce proceedings. Lastly, the license is valid for only 90 days, requiring timely planning for the ceremony.

What is the point of a confidential marriage license?

The point of a confidential marriage license is to allow couples to marry without their marriage being publicly recorded. This can provide privacy for those who prefer to keep their marital status private, such as in cases of personal safety or sensitive circumstances. It offers legal recognition while maintaining confidentiality.