Proxy Marriage: What It Is and Where It Is Allowed
A proxy marriage is a marriage in which one or both parties are represented at the ceremony by another person acting under written authorization. Whether it is allowed, and on what conditions, is set by state law.
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How Montana handles it
Montana's marriage statute (the 2011 text was reviewed) is a commonly cited example. It sets out these conditions:
- A party who cannot attend names a third person in writing to act as proxy.
- The person solemnizing the marriage must be satisfied that the absent party cannot attend and has consented. If not, the parties may ask the district court for an order permitting the proxy marriage.
- One party must be on federal active duty with the U.S. armed forces, or be a Montana resident when applying for the license.
- One party or a legal representative must appear before the clerk of court and pay the license fee.
Check the current statute or the issuing clerk, because laws change.
How other agencies treat it
The Social Security Administration reviewed a Montana marriage in which neither spouse attended. It found the marriage valid under Montana law, so the spouse had enough evidence to change her last name in agency records. It also noted that the validity of a marriage generally follows the law of the place where it took place.
Frequently asked questions
Is a proxy marriage legal everywhere?
Not necessarily. Marriage law is set by each state, so ask the clerk in the place where the marriage would occur whether proxy ceremonies are allowed.
Can the person standing in as proxy sign for the absent party?
Under Montana's statute, the absent party gives written authorization naming the proxy. The solemnizer or a court must be satisfied about the absence and consent.
Does a proxy marriage produce a normal marriage certificate?
The marriage is recorded in the place it occurred, and records are requested from that office. Ask the issuing clerk what the certificate will show.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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It depends on the state.
A marriage license is the document that gives you legal permission to marry.
