Utah Marriage Laws
Written and edited for accuracy by the Utah marriage law researchers at the Universal Life Church on
Marriage laws in Utah are as unique as its breathtaking landscape, and therefore require that couples and ministers tread carefully in order to ensure that the road to a legally binding union is a smooth one. That’s why the Universal Life Church Ministries has sifted through the mountains of legal code and decided to detail every step of the process in this practical, easy-to-follow guide.
Wedding Ceremony Requirements
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
There is no such thing as a virtual wedding in Utah. The state asks that all relevant parties be physically present during the marriage ceremony. This includes the couple, the officiating minister and at least two witnesses over the age of 18.
While the couple may fashion the ceremony in any way they see fit, the state of Utah will require that each party provide some form of official consent to marry during the celebration, agreeing to take each other as whatever combination of husband and wife applies, and having that consent pronounced publicly by the officiating minister.
30-1-11. Return of license after ceremony -- Failure -- Penalty.
(1) The individual solemnizing the marriage shall within 30 days after solemnizing the marriage return the license to the clerk of the county that issues the license, with a certificate of the marriage over the individual's signature, giving the date and place of celebration and the names of two or more witnesses present at the marriage.
Requirements for the Couple
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
Anyone wishing to marry in Utah must be at least 18 years old. Minors 16 years and older can also wed with the authorization of a parent, legal guardian or juvenile court.
Residents and non-residents alike are welcome to plan a wedding in Utah, as are same-sex couples. The state will not tolerate weddings between divorced couples, nor solemnize any union it deems to be incestuous: between ancestors and descendants, siblings and step siblings, and even first cousins – unless those first cousins happen to be over 65 years old, or even over 55 years old if they can prove their sterility to the district county court in which they are looking to wed.
Utah Code § 30-1-1. Incestuous marriages void.
(1) The following marriages are incestuous and void from the beginning, whether the relationship is legitimate or illegitimate:
(a) marriages between parents and children;
(b) marriages between ancestors and descendants of every degree;
(c) marriages between siblings of the half as well as the whole blood;
(d) marriages between:
(i) uncles and nieces or nephews; or
(ii) aunts and nieces or nephews;
(e) marriages between first cousins, except as provided in Subsection (2); or
(f) marriages between any individuals related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law, except as provided in Subsection (2).
(2) First cousins may marry under the following circumstances:
(a) both parties are 65 years of age or older; or
(b) if both parties are 55 years of age or older, upon a finding by the district court, located in the district in which either party resides, that either party is unable to reproduce.
Utah Code § 30-1-2. Marriages prohibited and void.
(1) The following marriages are prohibited and declared void:
(a) when there is a spouse living, from whom the individual marrying has not been divorced;
(b) except as provided in Subsection (2), when an applicant is under 18 years old; and
(c) between a divorced individual and any individual other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree.
(2) A marriage of an individual under 18 years old is not void if the individual:
(a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile court authorization in accordance with Section 30-1-9; or
(b) lawfully marries before May 14, 2019.
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 Ceremony
- Minister I.D. # Issued:
- No
The state of Utah lists a wide range of potential ministers sanctioned to solemnize marriages, from secular state governors, mayors, politicians and judges to a wide swath of religious representatives, including Native American spiritual advisers. Its main demand is that any officiating minister be at least 18 years old – the same age that we at the ULC require for online ordination. The minister's state of residence, gender and belief systems are of no consequence. If the office issuing the marriage license needs to see any proof of ordination, we recommend our ministers order the Classic Wedding Package! This way, you can have all relevant documents the state of Utah might need to see.
Utah Code § 30-1-6. Who may solemnize marriages -- Certificate.
(1) Except for a county clerk, or a county clerk's designee, as provided below, the following individuals may solemnize a marriage at that individual's discretion:
(a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
(b) Native American spiritual advisors;
(c) the governor;
(d) the lieutenant governor;
(e) mayors of municipalities or county executives;
(f) a justice, judge, or commissioner of a court of record;
(g) a judge of a court not of record of the state;
(h) judges or magistrates of the United States;
(i) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;
(j) the president of the Senate;
(k) the speaker of the House of Representatives; or
(l) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
(2) An individual authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
(a) name of the county from which the license is issued; and
(b) date of the license's issuance.
(3) As used in this section:
(a) "Judge or magistrate of the United States" means:
(i) a justice of the United States Supreme Court;
(ii) a judge of a court of appeals;
(iii) a judge of a district court;
(iv) a judge of any court created by an act of Congress the judges of which are entitled to hold office during good behavior;
(v) a judge of a bankruptcy court;
(vi) a judge of a tax court; or
(vii) a United States magistrate.
(b)
(i) "Native American spiritual advisor" means a person who:
(A) leads, instructs, or facilitates a Native American religious ceremony or service or provides religious counseling; and
(B) is recognized as a spiritual advisor by a federally recognized Native American tribe.
(ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman.
(4) Except as provided in Section 17-20-4, and notwithstanding any other provision in law, no individual authorized under Subsection (1) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.
Marriage License Facts
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 32 Days
- License Must Be Submitted:
- Within 30 Days of Ceremony
Marriage licenses obtained in Utah can be solemnized in both religious and civil ceremonies, according to the couple’s wishes. Ministers ordained by the Universal Life Church, it should be noted, are considered "religious" actors by law.
Couples looking to tie the knot in Utah can do so the same day they procure their marriage license. Once granted, that license will be valid for a period of 30 days. More importantly, it must be submitted back to the same county clerk that issued it within 30 days of the ceremony by the officiating minister, filled out and signed along with a marriage certificate that will include the date and place of the celebration, as well as the names of the two witnesses present. Any minister who fails to return a license in the prescribed period will be guilty of an infraction.
Utah Code § 30-1-7. Marriage licenses -- Use within state -- Expiration.
(1) No marriage may be solemnized in this state without a license issued by the county clerk of any county of this state.
(2) A license issued within this state by a county clerk may only be used within this state.
(3) A license that is not used within 30 days of the date of issuance is void.
Utah Code § 30-1-11. Return of license after ceremony -- Failure -- Penalty.
(1) The individual solemnizing the marriage shall within 30 days after solemnizing the marriage return the license to the clerk of the county that issues the license, with a certificate of the marriage over the individual's signature, giving the date and place of celebration and the names of two or more witnesses present at the marriage.
(2) An individual described in Subsection (1) who fails to return the license is guilty of an infraction.
Marriage License Requirements
- Min. Age of Witnesses:
- 18 Years
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Couples looking to tie the knot in Utah will need to visit a county clerk to secure a marriage license, the fees for which will range from $35 to $80 depending on the county.
A simple government ID will be sufficient to prove your identity and residence, and the clerk will require neither proof of divorce nor blood tests to discount any incestuous relationships. While this application process may seem rather straightforward, please note that couples must also provide a sworn written affidavit to the effect that there is no lawful reason standing in the way of the marriage. It is therefore up to both parties in the couple to understand what reasons those may be as far as the state of Utah is concerned, as any false statements made in the affidavit will be considered perjury.
Utah Code § 30-1-7. Marriage licenses -- Use within state -- Expiration.
(1) No marriage may be solemnized in this state without a license issued by the county clerk of any county of this state.
(2) A license issued within this state by a county clerk may only be used within this state.
(3) A license that is not used within 30 days of the date of issuance is void.
Utah Code § 30-1-10. Affidavit before the clerk -- Penalty.
(1) A clerk may not issue a license until an affidavit is made before the clerk, which shall be filed and preserved by the clerk, by a party applying for the license, showing that there is no lawful reason in the way of the marriage.
(2) A party who makes an affidavit described in Subsection (1) or a subscribing witness to the affidavit who falsely swears in the affidavit is guilty of perjury.
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 over, it’s up to the minister to fill out their relevant sections of the marriage license, including their title as "minister" and the relevant ordaining body as "Universal Life Church Ministries." The minister should list their home address if the marriage license specifically asks for the church address. Once signed, both the marriage certificate and license must be returned to the same issuing county clerk within 30 days. Failure to do so will constitute an infraction.
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