There are three universal, overarching requirements for a marriage to be valid. They are:
- the legal capacity to marry;
- existence of a present agreement to be married; and
- satisfaction of the formal requirements.
However, there is some variation between states on who has the legal capacity to get married as well as what exactly the formal requirements of a valid marriage are. In Tennessee, the requirements for a valid marriage are explained and outlined in Title 36, Chapter 3 of the Tennessee Code. Individuals have the “legal capacity” to marry when they are not barred from marriage by state law. Sections 101, 102, 105, 106, and 109 of Title 36, Chapter 3 of the Tennessee Code set out the state’s limitations upon marital eligibility. Section 101 prohibits one from marrying someone with whom they have a close relation, including their
- parent,
- child,
- sibling,
- aunt,
- uncle,
- spouse’s child,
- parent’s spouse, or
- child’s spouse.
Section 102 prohibits a person from entering a marriage while until and unless their previous marriage is dissolved. If one’s spouse is absent or missing for five years, their previous marriage can be considered dissolved for this purpose. Section 105 prohibits people under the age of seventeen from entering a marriage, and requires that if one of the parties entering the marriage is seventeen, their partner not be more than four years older than them. Section 106 states that if a marriage applicant is under the age of eighteen, they must have the consent of
their legal guardian to marry. Section 109 prohibits those who lack the mental capacity to consent to marry from doing so. This includes people who appear to be “drunk, insane, or an imbecile.” In addition to having the legal capacity to marry, a valid marriage requires that both parties involved have a present agreement to be married. Specifically, Section 108 of Title 36, Chapter 3 of the Tennessee Code states that: “marriage, at any age, that is entered into without valid, freely-given consent from both parties is contrary to the public policy of this state and shall be void and unenforceable in this state.” As for the formal requirements of entering a marriage, Tennessee law requires that parties seeking to enter marriage obtain a marriage license and have a solemnization ceremony. Marriage licenses can be issued by a court clerk from any county in Tennessee. In order to get a marriage license, you must submit a written application stating the names, ages, addresses, and social security numbers of both intended parties. Additionally, the application must include the names and addresses of both parties’ parents, guardians, or next of kin. Both parties must be present when the application is submitted and swear to the truth of its contents. The clerk will then issue your marriage license. The marriage ceremony must occur within thirty days of the issuance of the marriage license. Section 302 of Title 36, Chapter 3 of the Tennessee Code states that there is no set required formula for a marriage ceremony. The only requirement is that both parties declare, in the presence of a religious official or other officer, that they accept each other as their husband or wife. The religious official or other officer must be at least eighteen years old themselves and have the power to conduct the ceremony. For religious officials, this means they have been ordained or otherwise designated with the customs of their respective faith by a “considered, deliberate, and responsible act.” That act cannot be an online ordination. For officers, their power to solemnize a wedding is vested in them by the government. All of the following officers are capable of ordaining a wedding in Tennessee: all members of county legislative bodies; county mayors and former county mayors; Judges and former judges (including the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee);
- chancellors and former chancellors; and former judges of this state,
- former county executives;
- former members of quarterly county courts or county commissions;
- the governor;
- the speaker of the senate and former speakers of the senate;
- the speaker of the house of representatives and former speakers of the house of representatives;
- members of the general assembly who have filed notice pursuant to subsection (l);
- law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement
- agencies
- members of the legislative body of any municipality in this state;
- the county clerk of each county and former county clerks of this state who occupied the office of county clerk
- on or after July 1, 2014; and
- the mayor of any municipality in the state.
After the ceremony, the religious official or officer who officiated it must put the date and time of the marriage on the license, sign it, and turn it into the clerk of court within three days. Once the document is filed, you are officially, legally married! At King Law Offices, we understand the challenges involved in any family law matter. Whether you are excitedly planning a wedding or have decided to end your marriage, our goal is to help guide you through this process and listen to your concerns. Contact King Law at 888-748-KING (5464) for a consultation with one of our experienced and compassionate family law attorneys. We are here to serve you and to guide you as we navigate this journey together.