Part 2. Marriage License of California Family Law Code >> Division 3. >> Part 2.
(a) Before entering a marriage, or declaring a marriage
pursuant to Section 425, the parties shall first obtain a marriage
license from a county clerk.
(b) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney-in-fact shall appear before the
county clerk on behalf of the party who is overseas, as prescribed in
The marriage license shall show all of the following:
(a) The identity of the parties to the marriage.
(b) The parties' full given names at birth or by court order, and
(c) The parties' dates of birth.
Notwithstanding subdivision (b) of Section 351 or 359 of
this code, or Section 103175 of the Health and Safety Code, if either
of the applicants for, or any witness to, a certificate of registry
of marriage and a marriage license requests, the certificate of
registry and the marriage license shall show the business address or
United States Postal Service post office box for that applicant or
witness instead of the residential address of that person.
Notwithstanding Section 307, 351, 351.5, 359, or 422 of this
code, or Section 103175 or 103180 of the Health and Safety Code, a
mailing address used by an applicant, witness, or person solemnizing
or performing the marriage ceremony shall be a residential address, a
business address, or a United States Postal Service post office box.
No marriage license shall be granted if either of the
applicants lacks the capacity to enter into a valid marriage or is,
at the time of making the application for the license, under the
influence of an intoxicating liquor or narcotic drug.
(a) Each applicant for a marriage license shall be required to
present authentic photo identification acceptable to the county
clerk as to name and date of birth. A credible witness affidavit or
affidavits may be used in lieu of authentic photo identification.
(b) For the purpose of ascertaining the facts mentioned or
required in this part, if the clerk deems it necessary, the clerk may
examine the applicants for a marriage license on oath at the time of
the application. The clerk shall reduce the examination to writing
and the applicants shall sign it.
(c) If necessary, the clerk may request additional documentary
proof as to the accuracy of the facts stated.
(d) Applicants for a marriage license shall not be required to
state, for any purpose, their race or color.
(e) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney in fact shall comply with the
requirements of this section on behalf of the applicant who is
overseas, if necessary.
(a) The forms for the marriage license shall be prescribed by
the State Department of Public Health, and shall be adapted to set
forth the facts required in this part.
(b) The marriage license shall include an affidavit, which the
applicants shall sign, affirming that they have received the brochure
provided for in Section 358. If the marriage is to be entered into
pursuant to subdivision (b) of Section 420, the attorney in fact
shall sign the affidavit on behalf of the applicant who is overseas.
(c) The forms for the marriage license shall contain spaces for
either party or both parties to indicate a change in name pursuant to
A marriage license issued pursuant to this part expires 90
days after its issuance. The calendar date of expiration shall be
clearly noted on the face of the license.
(a) The county clerk shall number each marriage license issued
and shall transmit at periodic intervals to the county recorder a
list or copies of the licenses issued.
(b) Not later than 60 days after the date of issuance, the county
recorder shall notify licenseholders whose marriage license has not
been returned of that fact and that the marriage license will
automatically expire on the date shown on its face.
(c) The county recorder shall notify the licenseholders of the
obligation of the person solemnizing their marriage to return the
marriage license to the recorder's office within 10 days after the
(a) The State Department of Public Health shall prepare and
publish a brochure that shall contain the following:
(1) Information concerning the possibilities of genetic defects
and diseases and a listing of centers available for the testing and
treatment of genetic defects and diseases.
(2) Information concerning acquired immunodeficiency syndrome
(AIDS) and the availability of testing for antibodies to the probable
causative agent of AIDS.
(3) Information concerning domestic violence, including resources
available to victims and a statement that physical, emotional,
psychological, and sexual abuse, and assault and battery, are against
(4) Information concerning options for changing a name upon
solemnization of marriage pursuant to Section 306.5, or upon
registration of a domestic partnership pursuant to Section 298.6.
That information shall include a notice that the recording of a
change in name or the absence of a change in name on a marriage
license application and certificate pursuant to Section 306.5 may not
be amended once the marriage license is issued, but that options to
adopt a change in name in the future through usage, common law, or
petitioning the superior court are preserved, as set forth in Section
(b) The State Department of Public Health shall make the brochures
available to county clerks who shall distribute a copy of the
brochure to each applicant for a marriage license, including
applicants for a confidential marriage license and notaries public
receiving a confidential marriage license pursuant to Section 503.
The department shall also make the brochure available to the
Secretary of State, who shall distribute a copy of the brochure to
persons who qualify as domestic partners pursuant to Section 297 and
shall make the brochure available electronically on the Internet Web
site of the Secretary of State.
(c) The department shall prepare a lesbian, gay, bisexual, and
transgender specific domestic abuse brochure and make the brochure
available to the Secretary of State who shall print and make
available the brochure, as funding allows, pursuant to Section 298.5.
(d) Each notary public issuing a confidential marriage license
under Section 503 shall distribute a copy of the brochure to the
applicants for a confidential marriage license.
(e) To the extent possible, the State Department of Public Health
shall seek to combine in a single brochure all statutorily required
information for marriage license applicants.
(a) Except as provided in Sections 420 and 426, applicants to
be married shall first appear together in person before the county
clerk to obtain a marriage license.
(b) The contents of the marriage license are provided in Part 1
(commencing with Section 102100) of Division 102 of the Health and
(c) The issued marriage license shall be presented to the person
solemnizing the marriage by the parties to be married.
(d) The person solemnizing the marriage shall complete the
solemnization sections on the marriage license, and shall cause to be
entered on the marriage license the printed name, signature, and
mailing address of at least one, and no more than two, witnesses to
the marriage ceremony.
(e) The marriage license shall be returned by the person
solemnizing the marriage to the county recorder of the county in
which the license was issued within 10 days after the ceremony.
(f) As used in this division, "returned" means presented to the
appropriate person in person, or postmarked, before the expiration of
the specified time period.
(a) If a marriage license is lost, damaged, or destroyed after
the marriage ceremony, but before it is returned to the county
recorder, or deemed unacceptable for registration by the county
recorder, the person solemnizing the marriage, in order to comply
with Section 359, shall obtain a duplicate marriage license by filing
an affidavit setting forth the facts with the county clerk of the
county in which the license was issued.
(b) The duplicate marriage license may not be issued later than
one year after issuance of the original license and shall be returned
by the person solemnizing the marriage to the county recorder within
one year of the issuance date shown on the original marriage
(c) The county clerk may charge a fee to cover the actual costs of
issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a
marriage ceremony takes place, the applicants shall purchase a new
marriage license and the old license shall be voided.