Florida Marriage Laws
Written and edited for accuracy by the Florida marriage law researchers at the Universal Life Church on
Florida has unique state rules and regulations that govern the marriages and the officiation of weddings. In our state guide, we have put together all the information you need from start to finish. If you are a member of the couple who is planning a ceremony in Florida, or you are a minister who has been asked to perform a wedding ceremony in the state we have all the details below to make sure you have a legally recognized wedding ceremony.
Wedding Ceremony Requirements
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
It is necessary that the couple and the minister are physically present together for the ceremony and the signing of the paperwork. There is no marriage by proxy allowed in Florida, and no witnesses are required.
The legally required portions of the wedding ceremony are the ones that we are all familiar with. This would be the “I do’s”, or couple’s verbal consent, and the “I now pronounce you...” of the minister that proclaims the couple as wed. Other than those two essential pieces, the ceremony may be completely customized to the desires and preferences of the couple.
Requirements for the Couple
- Min. Age of Couple:
- Age 18 or Age 17 With Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
In Florida, only adults who are at least age 18 may apply for a wedding license. There are exceptions for minors who are age 17 or older that have parental/guardian consent. The court may also consider applicants under the age of 16 on a case-by-case basis. In these cases the older party of the couple may be no more than 2 years older if one person is under age of 17.
There is no residency requirement in the state of Florida to obtain a marriage license. This means any out-of-state couple is welcome to hold a beachside destination wedding of their dreams in Florida.
Just like all states in the US, Florida recognizes marriage equality so same-sex couples can wed.
Fla. Stat. § 741.04 Issuance of marriage license.—
(1) A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless:
(a) The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and
(b) The older party to the marriage is not more than 2 years older than the younger party to the marriage.
(2) A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides:
(a) The social security number or any other available identification number for each person.
(b) The respective ages of the parties.
Fla. Stat. § 741.21 Incestuous marriages prohibited.—A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew.
Requirements for the Minister
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- After the Ceremony
- Minister I.D. # Issued:
- No
The minimum age for a minister in Florida is 18 years old. This is also the age requirement for applying to be ordained online with the ULC. Other than the age requirement, as a minister in Florida it does not matter what your gender, where you are from, or what you believe.
Required documentation varies by county. The minister should contact the office issuing the marriage license to the couple to see what, if anything, that office needs from them. The County Clerk will let you know if they need to see credentials or get application paperwork from the minister before the ceremony. Even if they do not require paperwork upfront, we always advise ministers performing weddings to have a copy of their ordination credential. This way if they do have any issues or questions, it is easy to provide proof.
Fla. Stat. § 741.07 Persons authorized to solemnize matrimony.—
(1) All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law. Nothing in this section shall make invalid a marriage which was solemnized by any member of the clergy, or as otherwise provided by law prior to July 1, 1978.
(2) Any marriage which may be had and solemnized among the people called “Quakers,” or “Friends,” in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and wherever the words “minister” and “elder” are used in this chapter, they shall be held to include all of the persons connected with the Society of Friends, or Quakers, who perform or have charge of the marriage ceremony according to their rites and ceremonies.
Marriage License Facts
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 3 Days for FL Residents, None for Non-Residents
- License Valid For:
- 60 Days
- License Must Be Submitted:
- Within 10 Days of Ceremony
Couples and ministers need to make sure the marriage license type is “religious” and not “civil”. The difference is merely under what authority the solemnizer is performing the wedding. A minister of the Universal Life Church has been granted religious authority by the church to perform the wedding. And this is what makes the wedding a “religious” one, regardless of the wedding style and if it features any faith based elements.
The waiting period in Florida is three days from the application date until the marriage license is issued for in state residents. This three day waiting period can be waived if proof of premarital counseling is provided. Out-of-state residents will not be required to wait 3 days, so that will come in handy for those planning a destination ceremony.
Once the license is issued it will be good for 60 days. It needs to be returned to the Clerk for filing within 10 days of the wedding ceremony.
Fla. Stat. § 741.041 Marriage license application valid for 60 days.—Marriage licenses shall be valid only for a period of 60 days after issuance, and no person shall perform any ceremony of marriage after the expiration date of such license. The county court judge or clerk of the circuit court shall recite on each marriage license the final date that the license is valid.
Fla. Stat. § 741.08 Marriage not to be solemnized without a license.—Before any of the persons named in s. 741.07 shall solemnize any marriage, he or she shall require of the parties a marriage license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage he or she shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued.
Fla. Stat. § 741.04 Issuance of marriage license.—
(5) If a couple does not submit to the clerk of the circuit court valid certificates of completion of a premarital preparation course, the clerk shall delay the effective date of the marriage license by 3 days from the date of application, and the effective date must be printed on the marriage license in bold type. If a couple submits valid certificates of completion of a premarital preparation course, the effective date of the marriage license may not be delayed. The clerk shall grant exceptions to the delayed effective date requirement to non-Florida residents and to couples asserting hardship. Marriage license fee waivers are available to all eligible couples. A county court judge issuing a marriage license may waive the delayed effective date requirement for Florida residents who demonstrate good cause.
Marriage License Requirements
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Florida
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Standard Government Issued ID
- Proof of Divorce Required (If Applicable):
- No
- Blood Test Required:
- No
The couple must travel in person to the Clerk’s office to get the marriage license issued. They should bring a government issued photo identification with them to show the clerk.
The County Clerk’s office will collect a fee that varies by county at the time the paperwork is filed. Florida residents who have completed a premarital preparation course and can provide completion certificates will only be required to pay $61.00 and the three (3) day waiting period will be waived.
They do not require proof of a previous divorce, and there are no blood tests required from the couple in order to get a marriage license.
Fla. Stat. § 741.01 County court judge or clerk of the circuit court to issue marriage license; fee.—
(1) Every marriage license shall be issued by a county court judge or clerk of the circuit court under his or her hand and seal. The county court judge or clerk of the circuit court shall issue such license, upon application for the license, if there appears to be no impediment to the marriage. An application for a marriage license must allow both parties to the marriage to state under oath in writing if they are the parents of a child born in this state and to identify any such child they have in common by name, date of birth, place of birth, and, if available, birth certificate number. The name of any child recorded by both parties must be transmitted to the Department of Health along with the original marriage license and endorsements. The county court judge or clerk of the circuit court shall collect and receive a fee of $2 for receiving the application for the issuance of a marriage license.
(2) The fee charged for each marriage license issued in the state shall be increased by the sum of $25. This fee shall be collected upon receipt of the application for the issuance of a marriage license and remitted by the clerk to the Department of Revenue for deposit in the Domestic Violence Trust Fund. The Executive Office of the Governor shall establish a Domestic Violence Trust Fund for the purpose of collecting and disbursing funds generated from the increase in the marriage license fee. Such funds which are generated shall be directed to the Department of Children and Families for the specific purpose of funding domestic violence centers, and the funds shall be appropriated in a “grants-in-aid” category to the Department of Children and Families for the purpose of funding domestic violence centers. From the proceeds of the surcharge deposited into the Domestic Violence Trust Fund as required under s. 938.08, the Executive Office of the Governor may spend up to $500,000 each year for the purpose of administering a statewide public-awareness campaign regarding domestic violence.
(3) An additional fee of $25 shall be paid to the clerk upon receipt of the application for issuance of a marriage license. Each month, the clerk shall remit the fee to the Department of Revenue for deposit into the State Courts Revenue Trust Fund.
(4) The fee charged for each marriage license issued in the state shall be reduced by a sum of $25 for all couples who present valid certificates of completion of a premarital preparation course from a qualified course provider registered under s. 741.0305(5) for a course taken no more than 1 year prior to the date of application for a marriage license. For each license issued that is subject to the fee reduction of this subsection, the clerk is not required to transfer the sum of $25 to the Department of Revenue for deposit in the General Revenue Fund.
Fla. Stat. § 741.02 Additional fee.—Upon the receipt of each application for the issuance of a marriage license, the county court judge or clerk of the circuit court shall, in addition to the fee allowed by s. 741.01, collect and receive an additional fee of $4, to be distributed as provided by s. 382.022.
741.04 Issuance of marriage license.— (2) A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides:
(a) The social security number or any other available identification number for each person.
(b) The respective ages of the parties.
Fla. Stat. § 28.24 Service charges.—The clerk of the circuit court shall charge for services rendered manually or electronically by the clerk’s office in recording documents and instruments and in performing other specified duties. These charges may not exceed those specified in this section, except as provided in s. 28.345.
(23) Upon receipt of an application for a marriage license, for preparing and administering of oath; issuing, sealing, and recording of the marriage license; and providing a certified copy..........30.00
Final Steps
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
Finalizing the wedding by signing all of the documentation fully and accurately is needed to ensure a legally binding marriage.
On the marriage license there will be a portion to be filled out by the couple and one that needs to be completed by the minister. In the officiant’s section they will ask for a name, and the minister should list their full legal name without any titles. They will have a separate blank for the title of the officiant, that should be filled in with “minister”. If it asks for the name of the church or ordaining body, put “Universal Life Church Ministries.” If the license asks for the address of the minister’s church, please give the minister’s home address in the case they need to be contacted.
It is of the utmost importance that the license is completed without mistakes, because in some cases errors may require the costly reissuance of a new license.
The completed license needs to be returned by the officiant to the office that issued it within ten days of the wedding ceremony.
Although ULC headquarters does not record all of the marriages that its ministers perform, we do always advise our ministers to keep a good personal record of any and all wedding ceremonies that they perform. This is especially important if they will be paid for their services.
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