Heidy and Hugh, both Massachusetts residents, are getting married in Boston. They are trying to determine who can solemnize their marriage in Massachusetts as they plan their big day. Heidy’s brother, who is an ordained minister in New York, would like to perform the ceremony. Heidy and Hugh wonder if this will be sufficient to make their marriage valid. They have heard that the solemnization of their marriage is a requirement. Will Heidy’s brother qualify as a person who may solemnize their marriage, despite being from out of state?
Who Can Solemnize a Marriage in Massachusetts?
Massachusetts General Laws, chapter 207, section 38 defines the solemnization of a marriage. Accordingly, Heidy’s brother can perform the ceremony for the marriage to be valid. A person may solemnize a marriage in any place in the Commonwealth. Three types of persons can perform this task:
- A duly ordained minister or religious clergyman, such as a rabbi or imam, must be in good standing. This applies within their church or denomination in the Commonwealth of Massachusetts;
- A justice of the peace who is properly registered to perform solemnizations within the Commonwealth; or
- A duly ordained non-resident minister or clergyman belongs to a church or denomination fully established in the Commonwealth.
Heidy’s brother falls under the third category. He can perform the ceremony and solemnize Heidy and Hugh’s marriage if he practices in a denomination fully established in Massachusetts. (Note here that churches and other religious organizations are required by law to “file in the office of the state secretary information relating to persons recognized or licensed” to solemnize marriages.)[1]
The person solemnizing the marriage must keep a record of the marriage, must fill out the Certificate of Intention of Marriage by stating the place and date of the marriage, and must return the Certificate to the Massachusetts clerk or registrar who issued it.
What Happens if a Marriage Isn’t Properly Solemnized?
If a marriage is not sufficiently solemnized because the person performing it is not authorized under the statute, the marriage is not necessarily void. So long as the marriage is in all other respects lawful and the parties consummate it in the belief that the marriage is lawful, the Secretary of the Commonwealth’s office may validate the marriage by issuing a certificate.
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[1] Mass. Gen Laws, ch. 207 s. 38