Will the marriage be valid if it has been solemnized by an authorized person?

Full question:

I am a resident of Washington. I got married to an Indian last year. We were married in the presence of a priest, who claimed to be authorized under law to solemnize the marriage. Now he turned to be an unauthorized. Is there any issue regarding the validity of our marriage?

  • Category: Marriage
  • Date:
  • State: Washington

Answer:

In Washington, if a marriage is consummated with a belief on the part of the persons or either of them, that the marriage is solemnized by an authorized officer, then the marriage is valid. The marriage cannot be invalidated because of lack of power or authority on the part of the person who solemnized the marriage.

RCW § 26.04.060, provides the law regarding the effect of a marriage before an unauthorized cleric. It reads as follows:
 
“A marriage solemnized before any person professing to be a minister or a priest, imam, rabbi, or similar official of any religious organization in this state or professing to be an authorized officer thereof, is not void, nor shall the validity thereof be in any way affected on account of any want of power or authority in such person, if such marriage be consummated with a belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.”

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

In Washington State, not just anyone can officiate a wedding. Authorized officiants include judges, ordained ministers, and certain public officials. Some individuals may also become officiants through a one-time registration process. It's important to ensure that the person officiating your wedding is recognized by the state to avoid any potential issues with the marriage's validity.