15.2 Requirements and Eligibility
Key Takeaways
- Both parties must be unmarried adults (not minors) who are currently living together as spouses
- There is no minor exception for confidential marriages, unlike regular marriages
- Both parties must appear in person; no proxy or absentee issuance is allowed
- The cohabitation declaration is made under penalty of perjury and need not be documented
- No witnesses and no blood test are required, but valid identity is verified
The Threshold Question: Family Code 500
Before issuing a confidential marriage license, the approved notary must confirm the couple satisfies Family Code section 500, which states that two unmarried persons, not minors, who have been living together as spouses may marry by confidential license. Every word matters and each is testable.
Unmarried and Free to Marry
Neither party may currently be married or in a registered domestic partnership with someone else. A prior marriage must be fully dissolved (final judgment of dissolution, annulment, or a death) before a new confidential marriage. Bigamy is void.
Not Minors — No Exception
Both parties must be 18 or older. This is the sharpest contrast with regular marriages.
| Marriage Type | Minor Permitted? |
|---|---|
| Regular marriage | A minor may marry only with court order and a parent/guardian's consent (a narrow, judge-supervised path) |
| Confidential marriage | Never — both parties must be adults, no court-order workaround exists |
Exam trap: "A 17-year-old may obtain a confidential marriage license with parental consent." False. The minor pathway exists only for regular marriages.
Living Together as Spouses (Cohabitation)
The couple must already be living together as spouses and must so declare. Key features:
- The declaration is made under penalty of perjury on the license application.
- The couple does not have to prove cohabitation with documents — no lease, no utility bills.
- A false declaration is perjury, exposing the parties (not the notary) to criminal liability.
- There is no minimum duration stated in statute; the requirement is present cohabitation, not a set number of years.
What the Approved Notary Must Verify
| Verification | How it is satisfied |
|---|---|
| Age (18+) | Examine valid government photo ID for each party |
| Identity | Match the photo and name on acceptable ID |
| Currently unmarried | Sworn statement that each is free to marry |
| Cohabiting as spouses | Sworn declaration under penalty of perjury |
| Voluntary, no duress | Both appear freely and consent |
Acceptable Identification
| Acceptable ID | Notes |
|---|---|
| Driver's license | California or any U.S. state, current |
| State-issued ID card | Current and unexpired |
| Passport | U.S. or foreign |
| Military ID | Current |
Personal Appearance — Both Parties
Both parties must appear in person before the approved notary to obtain the license. Proxy marriages are not allowed (with a narrow, separate exception in California for certain deployed military members that does not apply to the notary-issued confidential process). If only one party appears, the notary must refuse.
No Witnesses, No Blood Test
Unlike a regular marriage, a confidential marriage requires no witness to sign. California also abolished the blood test requirement years ago, so neither marriage type needs one. The notary should not invent extra requirements; doing so can constitute overreach.
Worked Scenario
A couple, both 24, who have shared an apartment for eight months, ask an approved notary for a confidential license. They show valid driver's licenses, declare under penalty of perjury that they live together as spouses and are each unmarried, and both appear in person. The notary may issue the license — no witness, no blood test, no cohabitation proof is needed. Had one party been 17, or married, or absent, the notary would refuse.
Now change one fact at a time and watch the answer flip. If one party is still married because a divorce judgment is not yet final, the couple is ineligible: a party who is not free to marry fails the "unmarried" element, and issuing anyway risks a void, bigamous marriage. If both parties are adults but they do not yet live together and merely plan to after the wedding, they fail the present-cohabitation element of Family Code 500. If both are eligible but only one appears, the personal-appearance rule is broken and the notary must decline until both are present. Each of these is a frequent multiple-choice variant.
How the Notary Should Refuse
When a couple does not qualify, the approved notary should decline and explain the specific requirement that fails — "both parties must be at least 18," or "both of you must appear in person" — rather than improvising a workaround. The notary has no discretion to waive a Family Code 500 element. Attempting to substitute a regular-marriage minor pathway, accept a proxy, or proceed on a documentary substitute for personal appearance is outside the delegated authority and can expose the notary to discipline and the marriage to challenge.
Distinguishing It From a Regular License
| Element | Regular license | Confidential license |
|---|---|---|
| Minimum age | 18, or minor with court order | 18, no minor pathway |
| Witness on certificate | At least one | None |
| Cohabitation required | No | Yes, sworn |
| Where usable | Statewide | Issuing county only |
| Record visibility | Public | Sealed |
On the Exam
- Eligibility comes from Family Code 500: unmarried adults living together as spouses.
- No minor exception — court order does not help for confidential marriages.
- Cohabitation is a perjury-backed declaration, not a documented fact.
- Both parties must appear; no proxy.
- No witnesses and no blood test, but identity and age must be verified.
Under Family Code section 500, which couple is eligible for a confidential marriage license?
How is the cohabitation requirement satisfied for a confidential marriage?