At Aloha Divorce, we believe in clarity before conflict. Whether you’re planning your wedding or reviewing past events for legal purposes, it helps to understand what actually makes a marriage legally valid in California.
Here’s a breakdown of what’s required under California law:
Requirements for a Valid Marriage (Fam C §§ 300, 400, 420):
- Consent – Both parties must freely agree to marry.
- Marriage License – That consent must be followed by the issuance of a valid California marriage license.
- Solemnization – A ceremony must take place, performed by an authorized person (minister, judge, etc.).
- Declaration – During the ceremony, both spouses must declare that they take each other as spouses in front of the officiant.
⚠️ Note: There are narrow exceptions to the solemnization requirement under Fam C § 307.
Out-of-State Marriages
According to Fam C § 308, California will recognize a marriage that was valid under the laws of the state or country where it took place—even if the ceremony happened elsewhere.
Real-Life Example: Chaney v. Netterstrom (2018)
In this case, the couple got a confidential marriage license, held a ceremony, and the officiant handed them the signed license—but didn’t return it to the county.
The court ruled that this did not invalidate the marriage. Once the ceremony and verbal declarations happen, the marriage is considered legally valid—even if administrative steps are incomplete.
Once you say “I do,” that solemnization seals the deal.
🔚 How a Marriage Legally Ends (Fam C § 310):
A valid marriage only ends by:
- The death of a spouse
- A judgment of dissolution (divorce)
- A judgment of nullity (when the marriage is deemed void or voidable)
So, what’s the takeaway? In California, marriage isn’t just about flowers, cake, and saying “I do”—it’s also about paperwork, process, and legal magic words spoken at just the right time. Whether you’re tying the knot or untying it, understanding what makes a marriage valid (and how it can legally end) helps you move forward with clarity and confidence.
