Key Takeaways
- Both parties must be at least 18 years of age
- The couple must be currently living together as spouses
- Both parties must appear in person before the notary
- Valid identification is required for both parties
- No witnesses are required for a confidential marriage
Requirements and Eligibility
Before issuing a confidential marriage license, the notary must verify that the couple meets all eligibility requirements. Failure to properly verify eligibility can result in an invalid marriage and liability for the notary.
Eligibility Requirements
Age Requirement
Both parties must be at least 18 years of age. Unlike regular marriages, there is no provision for minors to obtain a confidential marriage license with parental consent.
| Marriage Type | Minimum Age |
|---|---|
| Regular marriage | 18 (minors with court approval in limited cases) |
| Confidential marriage | 18—no exceptions |
Cohabitation Requirement
The couple must be currently living together as spouses. This is a sworn statement made under penalty of perjury.
- The couple must declare they are cohabiting
- They are not required to prove cohabitation with documents
- The declaration is made on the license application
- False statements constitute perjury
Personal Appearance
Both parties must appear in person before the notary. No proxy marriages are permitted.
Identification
Both parties must present valid identification:
| Acceptable ID | Notes |
|---|---|
| Valid driver's license | California or other state |
| State-issued ID card | Current and valid |
| Valid passport | U.S. or foreign |
| Military ID | Current and valid |
No Blood Test Required
California eliminated the blood test requirement for marriage licenses. Neither regular nor confidential marriages require a blood test.
What the Notary Must Verify
Before issuing the confidential marriage license:
| Verification | Method |
|---|---|
| Age (18+) | Check identification |
| Identity | Verify photo ID for both parties |
| Cohabitation | Sworn declaration on the application |
| No legal impediments | Both parties declare they are free to marry |
| Understanding | Both parties understand the marriage commitment |
Legal Impediments to Marriage
The notary must be satisfied that no legal impediments exist:
| Impediment | Description |
|---|---|
| Existing marriage | Neither party may be currently married |
| Close family relationship | Cannot marry close blood relatives |
| Mental incapacity | Both parties must understand what marriage means |
| Fraud or duress | Marriage must be entered voluntarily |
On the Exam
Key eligibility points tested:
- Age: Both parties must be 18—no exceptions for confidential marriages
- Cohabitation: Required—couple must be living together
- In person: Both must appear before the notary
- ID required: Valid government-issued photo identification
- No blood test: Not required in California
Can a 17-year-old obtain a confidential marriage license with parental consent?
What must the couple declare regarding their living situation for a confidential marriage?