North Carolina Marriage Laws
Written and edited for accuracy by the North Carolina marriage law researchers at the Universal Life Church on
Whether drawn by the sun, the saltwater breeze or the fresh mountain air, plenty of natives and non-residents alike will plan their dream wedding in the state of North Carolina. And sure enough, the Tar Heel State is relatviely easy-going when it comes to managing its marriage laws.
That being said, the Universal Life Church urges you to consult the following guide, compiled alongside the corresponding blocks of legal code, that will help ensure the process of securing a marriage license and planning the ceremony go off without a hitch, and that the union is legally recognized in North Carolina.
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:
- Register of Deeds
- Latest Document(s) Submission Date Allowed:
- After the Ceremony
- Minister I.D. # Issued:
- No
Every state in the US recognizes weddings solemnized in either civil or religious ceremonies. In North Carolina, any minister that is either an ordained member of a religious denomination or authorized by a magistrate, will be legally authorized to perform the ceremony, provided they are at least 18 years old.
This includes ministers ordained online by the Universal Life Church, religious actors who are legally recognized nationally without prejudice to their residence, gender or personal religious beliefs. Just remember that ministers may be asked to provide relevant ordination credentials depending on the county issuing the license.
Chapter 51.
Marriage.
Article 1.
General Provisions.
§ 51-1. Requisites of marriage; solemnization.
A valid and sufficient marriage is created by the consent of a male and female person who
may lawfully marry, presently to take each other as husband and wife, freely, seriously and
plainly expressed by each in the presence of the other, either:
(1) a. In the presence of an ordained minister of any religious
denomination, a minister authorized by a church, or a magistrate; and
b. With the consequent declaration by the minister or magistrate that the
persons are husband and wife; or
(2) In accordance with any mode of solemnization recognized by any religious
denomination, or federally or State recognized Indian Nation or Tribe.
Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not
ordained, are validated from their consummation. (1871-2, c. 193, s. 3; Code, s. 1812; Rev., s.
2081; 1908, c. 47; 1909, c. 704, s. 2; c. 897; C.S., s. 2493; 1945, c. 839; 1965, c. 152; 1971, c.
1185, s. 26; 1977, c. 592, s. 1; 2000-58, ss. 1, 2; 2001-14, ss. 1, 2; 2001-62, ss. 1, 17; 2002-115,
ss. 5, 6; 2002-159, s. 13(a); 2003-4, s. 1; 2005-56, s. 1; 2007-61, s. 1; 2009-13, s. 1; 2012-194,
s. 65.4(a).)
Wedding Ceremony Requirements
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
North Carolina takes a very hands-off approach as far as dictating the precise manner in which wedding ceremonies must take place, leaving it to the couple and minister to do so according to their own customs, beliefs and desires.
In fact, the law clearly states that a marriage will be deemed sufficient and valid as long as it includes the consent of two individuals to take each other – “freely, seriously and plainly expressed” – in the presence of the other and two adult witnesses, followed by the minister or magistrate’s consequent declaration that the couple are now whatever combination of husband and wife had been previously agreed upon.
§ 51-1. Requisites of marriage; solemnization.
A valid and sufficient marriage is created by the consent of a male and female person who
may lawfully marry, presently to take each other as husband and wife, freely, seriously and
plainly expressed by each in the presence of the other, either:
(1) a. In the presence of an ordained minister of any religious
denomination, a minister authorized by a church, or a magistrate; and
b. With the consequent declaration by the minister or magistrate that the
persons are husband and wife; or
(2) In accordance with any mode of solemnization recognized by any religious
denomination, or federally or State recognized Indian Nation or Tribe.
Marriage License Requirements
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in North Carolina
- Marriage License Pick-Up
- In Person Only
- Cost of License:
- $60.00
- Accepted I.D. Types:
- Photo ID
- Proof of Divorce Required (If Applicable):
- Varies by County
- Blood Test Required:
- No
Couples set on obtaining a marriage license in the state of North Carolina must present themselves before a register of deeds, in person, where they will be asked to divulge their age, social security numbers, marital status and intention to marry. Birth certificates and divorce decrees may be demanded as proof, and an official can demand an oath be sworn in order to secure the veracity of the info provided. It costs $60 to apply.
Please note that North Carolina will allow applications to be submitted both over video conference and through the mail during the COVID-19 pandemic.
§ 51-8. License issued by register of deeds.
Every register of deeds shall, upon proper application, issue a license for the marriage of
any two persons who are able to answer the questions regarding age, marital status, and
intention to marry, and, based on the answers, the register of deeds determines the persons are
authorized to be married in accordance with the laws of this State. In making a determination as
to whether or not the parties are authorized to be married under the laws of this State, the
register of deeds may require the applicants for the license to marry to present certified copies
of birth certificates or such other evidence as the register of deeds deems necessary to the
determination. The register of deeds may administer an oath to any person presenting evidence
relating to whether or not parties applying for a marriage license are eligible to be married
pursuant to the laws of this State. Each applicant for a marriage license shall provide on the
application the applicant's social security number. If an applicant does not have a social
security number and is ineligible to obtain one, the applicant shall present a statement to that
effect, sworn to or affirmed before an officer authorized to administer oaths. Upon presentation
of a sworn or affirmed statement, the register of deeds shall issue the license, provided all other
requirements are met, and retain the statement with the register's copy of the license. The
register of deeds shall not issue a marriage license unless all of the requirements of this section
have been met.
Marriage License Facts
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 60 Days
- License Must Be Submitted:
- Within 10 Days of Ceremony
A marriage license issued in North Carolina is valid in any county in the state for a period of 60 days. There is no mandated waiting period between issuance and solemnization, which means both can technically be completed on the same day.
The state will require that a completed marriage license include the full name, age, race and place of residence of both members of the couple, the names and addresses of their parents (if applicable), as well as those of the two adult witnesses present and the minister or officiant who solemnized the marriage.
§ 51-16. Form of license.
License shall be in the following or some equivalent form:
To any ordained minister of any religious denomination, minister authorized by a church,
any magistrate, or any other person authorized to solemnize a marriage under the laws of this
State: A.B. having applied to me for a license for the marriage of C.D. (the name of the man to
be written in full) of (here state his residence), aged ____ years (race, as the case may be), the
son of (here state the father and mother, if known; state whether they are living or dead, and
their residence, if known; if any of these facts are not known, so state), and E.F. (write the
name of the woman in full) of (here state her residence), aged ____ years (race, as the case may
be), the daughter of (here state names and residences of the parents, if known, as is required
above with respect to the man). (If either of the parties is under 18 years of age, the license
shall here contain the following:) And the written consent of G.H., father (or mother, etc., as
the case may be) to the proposed marriage having been filed with me, and there being no legal
impediment to such marriage known to me, you are hereby authorized, at any time within 60
days from the date hereof, to celebrate the proposed marriage at any place within the State. You
are required within 10 days after you shall have celebrated such marriage, to return this license
to me at my office with your signature subscribed to the certificate under this license, and with
the blanks therein filled according to the facts, under penalty of forfeiting two hundred dollars
($200.00) to the use of any person who shall sue for the same.
Issued this ____ day of ____, ____
____________________ L.M.
Register of Deeds of ____ County
Every register of deeds shall, at the request of an applicant, designate in a marriage license
issued the race of the persons proposing to marry by inserting in the blank after the word "race"
the words "white," "black," "African-American," "American Indian," "Alaska Native," "Asian
Indian," "Chinese," "Filipino," "Japanese," "Korean," "Vietnamese," "Other Asian," "Native
Hawaiian," "Guamarian," "Chamorro," "Samoan," "Other Pacific Islander," "Mexican,"
"Mexican-American," "Chicano," "Puerto Rican," "Cuban," "Other Spanish/Hispanic/Latino,"
or "other," as the case may be. The certificate shall be filled out and signed by the minister,
officer, or other authorized individual celebrating the marriage, and also be signed by two
witnesses present at the marriage, who shall add to their names their place of residence, as
follows:
I, N.O., an ordained or authorized minister or other authorized individual of (here state to
what religious denomination, or magistrate, as the case may be), united in matrimony (here
name the parties), the parties licensed above, on the ___ day of ______, ___, at the house of
P.R., in (here name the town, if any, the township and county), according to law.
________________ N.O.
Witness present at the marriage:
S.T., of (here give residence).
(1871-2, c. 193, s. 6; Code, s. 1815; 1899, c. 541, ss. 1, 2; Rev., s. 2089; 1909, c. 704, s. 3;
1917, c. 38; C.S., s. 2502; 1953, c. 638, s. 2; 1967, c. 957, s. 7; 1971, c. 1072; c. 1185, s. 27;
1999-456, s. 59; 2001-62, s. 11.)
Requirements for the Couple
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
You have to be at least 18 years old to marry in the state of North Carolina. Any couple with at least one party who is at least 16 years old will require the sworn consent of their parent or guardian, while those between 14 and 16 must obtain court approval. Same sex couples and non-residents are also welcome to wed in the state.
Except in the rare case of a marriage between double first cousins, any relationship that is closer in blood than second cousins will be deemed incestuous and void in the state.
§ 51-4. Prohibited degrees of kinship.
When the degree of kinship is estimated with a view to ascertain the right of kinspeople to
marry, the half-blood shall be counted as the whole-blood: Provided, that nothing herein
contained shall be so construed as to invalidate any marriage heretofore contracted in case
where by counting the half-blood as the whole-blood the persons contracting such marriage
would be nearer of kin than first cousins; but in every such case the kinship shall be ascertained
by counting relations of the half-blood as being only half so near kin as those of the same
degree of the whole-blood
Final Steps
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
To the joyful married couple goes the honeymoon; to the minister, the responsibility.
Apart from ensuring that the marriage license is completely filled out to include all pertinent information on the couple, their parents and the witnesses, the minister must also include their title, the name of the church or religious organization with which they are affiliated (the Universal Life Church) and their own home address, if asked to provide an address of ministry.
Failure to properly fill out, endorse and return said documents back to the registrar of deeds within 10 days of the ceremony, and before the 60-day window in which the marriage license was originally issued, may result in a $200 fine.
§ 51-7. Penalty for solemnizing without license.
Every minister, officer, or any other person authorized to solemnize a marriage under the
laws of this State, who marries any couple without a license being first delivered to that person,
as required by law, or after the expiration of such license, or who fails to return such license to
the register of deeds within 10 days after any marriage celebrated by virtue thereof, with the
certificate appended thereto duly filled up and signed, shall forfeit and pay two hundred dollars
($200.00) to any person who sues therefore, and shall also be guilty of a Class 1 misdemeanor.
(R.C., c. 68, ss. 6, 13; 1871-2, c. 193, s. 8; Code, s. 1817; Rev., ss. 2087, 3372; C.S., s. 2499;
1953, c. 638, s. 1; 1967, c. 957, s. 5; 1993, c. 539, s. 415; 1994, Ex. Sess., c. 24, s. 14(c);
2001-62, s. 7.)
Interested in Performing a North Carolina wedding?
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