Key Takeaways
- California notaries are authorized to issue confidential marriage licenses
- This is a unique authority not available to notaries in most other states
- The notary acts as an authorized person to solemnize the marriage
- Confidential marriage licenses are available only to couples already living together
- The notary must follow specific statutory procedures
The Notary's Role in Confidential Marriages
California is one of the few states that allows notaries public to issue confidential marriage licenses. This is a special authority that sets California notaries apart and creates an additional service opportunity—but it also comes with strict requirements.
What Is a Confidential Marriage?
A confidential marriage differs from a regular (public) marriage in several important ways:
| Feature | Regular Marriage | Confidential Marriage |
|---|---|---|
| Witnesses required | Yes (at least one) | No witnesses required |
| Public record | Yes—anyone can access | Restricted access |
| Who can obtain license | Any eligible couple | Only couples living together |
| Where to obtain | County clerk only | County clerk OR authorized notary |
| Who can see the record | General public | Only the parties or by court order |
Why Choose a Confidential Marriage?
Couples choose confidential marriages for privacy. The marriage record is not open to public inspection—only the married parties themselves (or a court) can access it. Common reasons include:
- Privacy from media or public attention
- Personal preference for a private ceremony
- Couples who have been living together and want legal recognition
- Second marriages where discretion is preferred
The Notary's Authority
As a California notary, you are authorized to:
- Issue the confidential marriage license (obtain blank licenses from the county clerk)
- Perform the marriage ceremony (solemnize the marriage)
- Complete and return the marriage certificate to the county clerk
Exam Tip: Not all notaries choose to exercise this authority. It is optional—no notary is required to perform marriages. But if you do, you must follow all statutory requirements.
Limitations on the Notary's Authority
| The Notary CAN | The Notary CANNOT |
|---|---|
| Issue confidential marriage licenses | Issue regular (public) marriage licenses |
| Solemnize confidential marriages | Solemnize regular marriages (unless also a minister, judge, etc.) |
| Charge the statutory fee | Charge more than the statutory fee |
| Perform marriages anywhere in California | Perform marriages outside California |
On the Exam
Key points frequently tested:
- Unique authority: California notaries can issue confidential marriage licenses
- Living together requirement: Couple must be cohabiting
- Privacy: Confidential marriage records are not public
- No witnesses needed: Unlike regular marriages
- Optional authority: Notaries choose whether to offer this service
What is a key difference between a confidential marriage and a regular marriage in California?
Who is eligible for a confidential marriage in California?