California code relating to marriage
CALIFORNIA FAMILY CODE SECTION 420-426
420. (a) No particular form for the ceremony of marriage is
required for solemnization of the marriage, but the parties shall
declare, in the presence of the person solemnizing the marriage and
necessary witnesses, that they take each other as husband and wife.
(b) Notwithstanding subdivision (a), a member of the Armed Forces
of the United States who is stationed overseas and serving in a
conflict or a war and is unable to appear for the licensure and
solemnization of the marriage may enter into that marriage by the
appearance of an attorney-in-fact, commissioned and empowered in
writing for that purpose through a power of attorney. The
attorney-in-fact must personally appear at the county clerk's office
with the party who is not stationed overseas, and present the
original power of attorney duly signed by the party stationed
overseas and acknowledged by a notary or witnessed by two officers of
the United States Armed Forces. The power of attorney shall state
the true legal names of the parties to be married, and that the power
of attorney is solely for the purpose of authorizing the
attorney-in-fact to obtain a marriage license on the person's behalf
and participate in the solemnization of the marriage. The original
power of attorney shall be a part of the marriage certificate upon
registration.
(c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any
religious sect.
421. Before solemnizing a marriage, the person solemnizing the
marriage shall require the presentation of the marriage license. If
the person solemnizing the marriage has reason to doubt the
correctness of the statement of facts in the marriage license, the
person must be satisfied as to the correctness of the statement of
facts before solemnizing the marriage. For this purpose, the person
may administer oaths and examine the parties and witnesses in the
same manner as the county clerk does before issuing the license.
422. The person solemnizing a marriage shall make, sign, and
endorse upon or attach to the marriage license a statement, in the
form prescribed by the State Department of Health Services, showing
all of the following:
(a) The fact, date (month, day, year), and place (city and county)
of solemnization.
(b) The names and places of residence of one or more witnesses to
the ceremony.
(c) The official position of the person solemnizing the marriage,
or of the denomination of which that person is a priest, minister,
rabbi, or member of the clergy.
(d) The person solemnizing the marriage shall also type or print
the person's name and address.
423. The person solemnizing the marriage shall return the marriage
license, endorsed as required in Section 422, to the county recorder
of the county in which the license was issued within 10 days after
the ceremony.
424. At the request of, and for, either party to a marriage, the
person solemnizing the marriage shall issue a marriage certificate
showing the facts specified in Section 422.
425. If no record of the solemnization of a marriage previously
contracted is known to exist, the parties may purchase a License and
Certificate of Declaration of Marriage from the county clerk in the
parties' county of residence. The license and certificate shall be
returned to the county recorder of the county in which the license
was issued.
426. If for sufficient reason, as described in subdivision (d),
either or both of the parties to be married are physically unable to
appear in person before the county clerk, a marriage license may be
issued by the county clerk to the person solemnizing the marriage if
the following requirements are met:
(a) The person solemnizing the marriage physically presents an
affidavit to the county clerk explaining the reason for the inability
to appear.
(b) The affidavit is signed under penalty of perjury by the person
solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to
appear in person before the county clerk is authenticated by a notary
public or a court prior to the county clerk issuing the marriage
license.
(d) Sufficient reason includes proof of hospitalization,
incarceration, or any other reason proved to the satisfaction of the
county clerk.
