Who Can Be a Marriage Officiant in North Carolina?
Your Aunt Susanne and her wife Sue-Lynn are finally getting married. Yay! They ask you for the name of someone that can officiate the wedding. Sure. You give them the name of your neighbor who is a minister. But will your neighbor be able to legally officiate that event? And moreover, who is allowed to officiate a wedding in North Carolina?
Anyone who meets the age of majority requirement in North Carolina can officiate a wedding in this state. Certain persons may not be needed for an official marriage ceremony in N.C., but will have no problem meeting this requirement. Judges, members of the clergy, ministers, etc . are all examples of persons who may officiate weddings in North Carolina. If it is unclear whether a person meets statutory qualifications to officiate a wedding ceremony in North Carolina, section 51-1 of the General Statutes contains guidance on who may solemnize a marriage in our state.
If you are unsure whether a person qualifies under North Carolina law, you can always verify this information through the local register of deeds office.
The wedding officiant is required to return the marriage license and return it, along with the appropriate fee for the ceremony, to pay office of the register of deeds in the county in which the marriage license was issued.
Requirements for Becoming an Officiant
Before a couple may get married in North Carolina, any person intending to officiate in their wedding ceremony must obtain a few documents from the Register of Deeds as well as register with the North Carolina Secretary of State’s office. An officiant may not solemnize a marriage in this state until he or she has completed these steps.
The first and most crucial step to becoming an approved marriage officiant in North Carolina is to obtain an acceptable form of identification. Acceptable forms include a state-issued identification card from the Department of Motor Vehicles, a U.S. passport, or a valid military I.D.
In addition to having the proper identification, an officiant must next be registered with the Secretary of State’s office. For your convenience or that of your officiant, this step may be handled by the couple on the wedding permit application.
Next, an officiant must go to the Register of Deeds’ office in the county where the couple will be legally married. Here, an officiant must show proof of his or her registration with the Secretary of State, a government-issued form of identification, and a written authorization from the couple requesting that the officiant perform their wedding ceremony.
Upon this verification, the Register of Deeds will issue the officiant a certification authorizing him or her to solemnize the wedding in that county. The officiant will then have 90 days from the issue date to return this form to the Register of Deeds once it is signed by the couple and a witness who was present at the ceremony stating the officiant has officiated the marriage. This form is called: Marriage License Certification for Officiant.
How to Officiate a Wedding in North Carolina
The qualifications to become an officiant for a wedding in North Carolina are not very difficult. You may already meet most of the requirements.
You need to be:
- Age 18 or older
- Have a US Postal address (you do not need to be a resident of North Carolina)
- Be an ordained member of the clergy
- Have a minister’s license
If you are not aware, you can get an online ordination to become a member of the clergy or have a minister’s license online. There are several places to do this, usually for around $30 – $40 and you will need to pay for the official ordination paperwork to be sent to you. This process can take some time, so you should get started immediately.
If you need to perform a marriage before receiving your official ordination or minister’s license, you may still be able to do so by purchasing an officiant pass. Again, there are a few companies that sell these passes online and there is no residency requirement. It costs about $40 and takes no time at all to process.
There is one last requirement to be an officiant for a wedding in North Carolina, which is that you need to register with the Register of Deeds in the county where you will be performing the marriage ceremony. This process costs about $5 and is just a simple process of filling out a form. You will also need to bring your clergy or minister’s license/ordination, so make sure you have that with you.
Officiant’s Role and Responsibilities
Marriage officiants have an important role in the solemnization of marriage, which is a necessary component in order for a wedding ceremony to achieve the legal status of a marriage. For a marriage to be valid in North Carolina, the requirements for marriage are as follows: The court in In re Marriage of Harris explained that, "It is a fundamental tenet of jurisprudence that one of the purposes of formalities accompanying the solemnization of a marriage is to prevent such unlawful marriages." 328 N.C. 288, 292, 401 S.E.2d 634, 636 (1991) (emphasis supplied) (internal citation omitted). Formalities accompanying marriage instruct that those solemnizing a marriage must ensure both parties have the mental capacity to understand the nature and purpose of marriage, as well as understand the nature and purpose of the ceremony itself. Based on this understanding , an officiant must either believe that they are qualified pursuant to statute or else ensure that the parties are properly licensed to marry. Thereafter, the party solemnizing the marriage must fulfill two main duties. First, the party must administer the required proclamatory language of the ceremony and then execute the marriage license. Sealing the marriage license and returning it to the Register of Deeds constitutes a valid solemnization of a marriage. Since the ceremony must be in conformance with North Carolina law for the marriage to be valid, the officiant must ensure the language used during the marriage ceremony meets the requirements of N.C.G.S. § 51-3. The statute in part states: (Emphasis added). Accordingly, the required proclamatory language of a marriage ceremony must include the stated intention of the parties to be married and the pronouncement by an officiant that the parties are man and wife.
Legal Risks of Officiating the Wedding Without Designation
In some cases, couples may choose to have a family member or friend officiate their wedding, based on a misconception that doing so carries no legal implications or risks. It is critically important, however, to understand that in North Carolina, specific requirements do exist for all those willing to solemnize and officiate marriages. The attendant risk for the couple and the officiant lies in the possibility that the Marriage License may be invalid and the marriage be subject to challenge if the proper steps are not followed. Failure to solemnize a marriage according to the terms of N.C.G.S. 51-8 (see previous section), or error in completing and returning the Marriage License may invalidate the marriage, subject the officiant to criminal, civil or administrative penalties , or both. Examples of such penalties include:
exclusion from the list of officials allowed to perform marriages;
fines ranging from $500 – $1000;
charges of misdemeanor or felony offenses depending on circumstances;
prohibition of the specific person from receiving a Marriage License in the future;
privilege forfeiture (in some cases) for a first-time offender; and
Loss or damage of relationships with family, friends, and community members.
In addition to the dissolution of marriage that may ensue when an invalidated marriage is discovered, invalid marriages may create additional headaches, such as:
addition of potentially prolonged legal proceedings or other problems within the family;
complication or willful disregard of adoption procedures for children sharing the last name of both spouses;
problems when a spouse remarries;
a different name being listed on death certificates leading to unnecessary complications with burial arrangements, death benefits, and/or estate planning and administration;
unnecessary time delays caused by conflicting information and requirements for name changes on official documents.