Is a marriage valid if it is solemnized by a person who has no authority?

Full question:

Our marriage was solemnized by a traditional religious practitioner. But later we found that he had no authority and his master had the authority to solemnize our marriage. Is the solemnization of our marriage valid?

  • Category: Marriage
  • Date:
  • State: Utah

Answer:

Yes, your marriage is valid. Since your marriage was solemnized by the practitioner in your belief that he had the authority to solemnize your marriage and you have been lawfully married, it will not be invalidated for lack of authority. The validity of a marriage solemnized before an unauthorized person in Utah is covered in Utah Code Ann. § 30-1-5 which reads:
“(1) A marriage solemnized before a person professing to have authority to perform marriages may not be invalidated for lack of authority, if consummated in the belief of the parties or either of them that the person had authority and that they have been lawfully married.
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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

When a marriage is solemnized, it means that the marriage ceremony has been conducted in accordance with legal requirements, typically by an authorized officiant. This process often includes the exchange of vows and the signing of a marriage license. Solemnization is an important step to ensure that the marriage is recognized legally.