New Jersey Marriage Laws
Written and edited for accuracy by the New Jersey marriage law researchers at the Universal Life Church on
New Jersey has some specific aspects of its marriage laws that might give prospective couples pause. That's why the Universal Life Church Ministries has constructed the following guide, plainly marking any potential pitfalls and and linking the relevant legal excerpts you should be aware of. Consulting the information below should make the entire process of planning a legally binding wedding a little easier – and ensure anyone looking to get hitched in the Garden State can do so without issue.
Wedding Ceremony Requirements
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
While couples are free to plan the wedding ceremony as they see fit, and in keeping with their religious traditions, spiritual needs or unique embellishments, both members must be physically present for the ceremony and, at some point in it, formally consent to taking the other as husband or wife before at least two witnesses and the minister, who will ultimately pronounce them married and thereby solemnize the marriage.
N.J. Rev. Stat. § 37:1-17. Marriage or civil union license; information provided.
On the marriage or civil union license shall be the form for the certificate of marriage or civil union in quadruplicate, to which the licensing officer shall have set forth particularly therein the name, age, parentage, birthplace, residence, Social Security number and domestic status of each party, whether single, widowed, divorced, or a former civil union or domestic partner and the names and county of birth of their parents. The Social Security number shall be kept confidential and may only be released for child support enforcement purposes, and shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). The person by whom or the religious society, institution, or organization by or before which, the marriage or civil union was solemnized, shall personally or by legally authorized agent subscribe where indicated on the form the date and place of the marriage or civil union. Each certificate of marriage or civil union shall also contain the signature and residence of at least two witnesses who were present at the marriage or civil union ceremony.
Amended 1980, c.128, s.1; 1998, c.1, s.45; 2002, c.88, s.3; 2006, c.103, s.20.
Requirements for the Couple
- Min. Age of Couple:
- Age 18
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
New Jersey is one of the few US states in which marriages between any two persons less than 18 years old will not be tolerated in any circumstance.
It is also forbidden to marry an ancestor or dependent, sibling, aunt or uncle and niece or nephew, whether that kin be of the whole or half blood. Nothing closer than a marriage between first cousins will be sanctioned.
Same-sex and out-of state couples are permitted to marry in New Jersey. Please note that non-residents can only apply for a license in the municipality or town where the proposed wedding will take place.
N.J. Rev. Stat. § 37:1-1. Certain marriages or civil unions prohibited.
a. A man shall not marry or enter into a civil union with any of his ancestors or descendants, or his sister or brother, or the daughter or son of his brother or sister, or the sister or brother of his father or mother, whether such collateral kindred be of the whole or half blood.
b. A woman shall not marry or enter into a civil union with any of her ancestors or descendants, or her sister or brother, or the daughter or son of her brother or sister, or the sister or brother of her father or mother, whether such collateral kindred be of the whole or half blood.
c. A marriage or civil union in violation of any of the foregoing provisions shall be absolutely void.
Amended 2006, c.103, s.6.
N.J. Rev. Stat § 37:1-3. Where marriage or civil union license to be obtained.
The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or, if neither party is a resident of the State, in the municipality in which the proposed marriage or civil union is to be performed.
Amended 2006, c.103, s.8.
N.J Rev. Stat § 37:1-6. A marriage or civil union license shall not be issued to a minor under the age of 18 years.
. amended 1946, c.185, s.3; 1953, c.34, s.2; 1977, c.60; 1991, c.91, s.367; 2006, c.103, s.10; 2013, c.103, s.105; 2018, c.42, s.3.
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:
- Local Registrar
- Latest Document(s) Submission Date Allowed:
- Varies by County
- Minister I.D. # Issued:
- No
The state of New Jersey recognizes a wide array of civil and religious officers authorized to solemnize a wedding, from federal and municipal judges and magistrates to town mayors and clerks and village presidents, as well as every member of the clergy of every religion, provided they are at least 18 years old.
Ministers ordained by the Universal Life Church fall into the latter category, legally recognized as religious actors regardless of their chosen gender or personal beliefs. That being said, they still may be asked to produce relevant ordination credentials once the license is returned to the state registrar. To that end, ULC ministers in New Jersey have reported that the Classic Wedding Package includes all the necessary documentation to show sufficient proof.
N.J. Rev. Stat. §37:1-13 Authorization to solemnize marriages and civil unions.
a. Authorization to solemnize marriages and civil unions.
Each judge of the United States Court of Appeals for the Third Circuit, each judge of a federal district court, United States magistrate, judge of a municipal court, judge of the Superior Court, judge of the Tax Court, administrative law judge, retired judge of the Superior Court or Tax Court, retired administrative law judge, or judge of the Superior Court or Tax Court, the former County Court, the former County Juvenile and Domestic Relations Court, or the former County District Court who has resigned in good standing, surrogate of any county, county clerk, and any mayor or former mayor not currently serving on the municipal governing body or the deputy mayor when authorized by the mayor, or chairman of any township committee or village president of this State, every member of the clergy of every religion, and any civil celebrant who is certified by the Secretary of State to solemnize marriages or civil unions as set forth in subsection b. of this section, are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial relation or civil union; and every religious society, institution or organization in this State may join together in marriage or civil union such persons according to the rules and customs of the society, institution or organization.
b. (...)
Marriage License Facts
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 72 Hours
- License Valid For:
- 30 Days
- License Must Be Submitted:
- Within 5 Days of Ceremony
Once the application has been received, licensing officers must wait at least 72 hours before issuing the marriage license, unless that mandatory waiting period has been waived by the Superior Court and attached to the original application. Once issued, the license will be valid for 30 days, and contain the name, age, parentage, birthplace, residence, Social Security number and domestic status of each party – whether single, widowed or divorced – along with the names and birth place of their parents.
The minister must return the marriage license and certificate to the same state registrar in which the ceremony took place within 5 days of the completed ceremony.
N.J. Rev. Stat. § 37:1-4. Issuance of marriage or civil union license, emergencies, validity.
The marriage or civil union license shall not be issued by a licensing officer sooner than 72 hours after the application therefor has been made; provided, however, that the Superior Court may, by order, waive all or any part of said 72-hour period in cases of emergency, upon satisfactory proof being shown to it. Said order shall be filed with the licensing officer and attached to the application for the license.
A marriage or civil union license, when properly issued as provided in this article, shall be good and valid only for 30 days after the date of the issuance thereof.
amended 1946, c.185, s.1; 1953, c.34, s.1; 1955, c.61; 1991, c.91, s.366; 2006, c.103, s.9; 2018, c.42, s.1.
N.J. Rev. Stat. § 26:8-41 Transmission of marriage and civil union licenses and certificates, power of attorney.
Every person or religious society, institution or organization solemnizing a marriage or civil union shall, within 5 days thereafter, transmit the certificate of marriage or civil union and the marriage or civil union license to the local registrar of the registration district in which the marriage or civil union occurs or to the clerk of the county board of health. In the case of marriages or civil unions performed pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3), the person or religious society, institution or organization solemnizing the marriage or civil union, in addition to transmitting the certificate of marriage or civil union and the marriage or civil union license , shall also transmit the power of attorney.
The local registrar or clerk of the county board of health shall stamp every certificate of marriage or civil union so received with the date of its receipt and the name of the registration district in which it is filed.
amended 1965, c.78, s.59; 2006, c.103, s.44; 2011, c.179, s.1.
Marriage License Requirements
- Min. Age of Witnesses:
- None
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Persons set on a New Jersey wedding must fill out the necessary marriage license application and present themselves before either a city clerk or state registrar, depending on the area. If one member of the couple cannot be present, an attorney-in-fact must stand in for them. Non-residents must apply in the municipality where the wedding will take place, and any license issued will only be valid there.
Photo ID must be presented to verify age and other vital information, although no divorce documents or blood tests will be required in the process. It costs $28 to apply.
All couples must be accompanied by one adult witness when picking up a license.
Once granted, it is the couple’s responsibility to ensure the marriage license is delivered to the minister of the religious society, institution or organization or civil official designated to perform their wedding ceremony.
N.J. Rev. Stat. § 37:1-2. Necessity of marriage or civil union license; "licensing officer" defined.
Before a marriage or a civil union can be lawfully performed in this State, the persons intending to be married or to enter into a civil union shall obtain a marriage or civil union license from the licensing officer and deliver it to the person who is to officiate.
In the case of persons intending to be married or to enter into a civil union pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3), one of the persons intending to be married or to enter into a civil union and the attorney-in-fact for the other person shall obtain a marriage or civil union license and deliver it to the person who is to officiate.
If the marriage or civil union is to be performed by or before any religious society, institution or organization, the license shall be delivered to such religious society, institution or organization, or any officer thereof.
As used in this chapter, "licensing officer" means, as to cities of the first class, the city clerk; as to other municipalities, the State registrar; or the deputy of any said official designated by him to issue licenses during his absence.
amended 2006, c.103, s.7; 2011, c.179, s.2.
N.J. Rev. Stat. § 37:1-3. Where marriage or civil union license to be obtained.
The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or, if neither party is a resident of the State, in the municipality in which the proposed marriage or civil union is to be performed.
Amended 2006, c.103, s.8.
Final Steps
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
Once the ceremony is done, the minister must personally ensure that all relevant sections of the marriage license are filled out by the couple, and include the signature and place of residence of at least two witnesses present.
The minister must also make sure to include their own information, marking their name, title, ordaining body (Universal Life Church) and their home address, if asked to provide an address of minsitry. Once the forms have been completed, they must be returned to the office which issued them no later than 5 days after the ceremony.
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