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If an unauthorized person solemnized a marriage, will the marriage be invalid?

If an unauthorized person solemnized a marriage, will the marriage be invalid?

Q: Does a marriage have to be solemnized?

Generally, a marriage must be solemnized to be legally valid. Solemnization typically involves a ceremony conducted by an authorized officiant. However, some states recognize common-law marriages, which do not require formal solemnization but still require mutual consent and cohabitation.

Q: What makes a marriage contract invalid?

A marriage contract may be considered invalid if it involves fraud, coercion, or if one or both parties lack the legal capacity to marry, such as being underage or mentally incapacitated. Additionally, marriages that violate laws, such as those involving close relatives, may also be deemed invalid.

Q: Who can legally officiate a wedding in WV?

In West Virginia, individuals who can legally officiate a wedding include ministers, priests, rabbis, and other religious leaders, as well as judges and certain public officials. Additionally, individuals may be granted temporary authority to officiate weddings through a special license.

Q: What is the difference between a wedding and a solemnization?

A wedding refers to the ceremony where two people are united in marriage, while solemnization is the formal process of conducting that ceremony, typically by an authorized officiant. Essentially, solemnization is a part of the wedding event that gives it legal recognition.

Full question:

What if a marriage was solemnized by a person who is not authorized to do so. Will the marriage be invalid? Need West Virginia law on this.

Category: Marriage
Date: 04/07/2025
State: West Virginia

Answer:

No, a marriage can’t be declared invalid solely because it was solemnized by an unauthorized person in West Virginia. There are many other factors that a court may look into in such cases, like if the marriage is legal other ways (like the parties are not minor, are not related by blood etc.), and that the man and woman married each other in good faith then the court might ignore the fact that an unauthorized person solemnized it.

W. Va. Code § 48-2-601 says:

“Belief of parties in lawful marriage validates certain defects.

If a marriage is solemnized by a person professing to be authorized to celebrate marriages when, in fact, the person is not authorized, or if a marriage is solemnized after the license is expired, the marriage is not void and subject to a judgment of nullity based on that fact alone if:

(1) The marriage is lawful in all other respects, and
(2) The marriage is consummated with a full belief on the part of either or both of the persons married 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

Do you have to solemnize a marriage?

Yes, in most cases, a marriage must be solemnized to be legally recognized. Solemnization involves a ceremony where an authorized officiant performs the marriage rites. However, in some jurisdictions, informal marriages may be recognized without formal solemnization if certain conditions are met.

What is the act of declaring a marriage invalid?

Declaring a marriage invalid, also known as annulment, is a legal process that nullifies a marriage, treating it as if it never occurred. Grounds for annulment can include fraud, coercion, or incapacity. In West Virginia, a marriage may not be automatically invalidated due to unauthorized solemnization if other legal conditions are satisfied.