Did you know that there are different ways to get married in California? California offers couples the option of entering into either a public or confidential marriage. While both types of marriages are legally recognized unions, there are distinct differences between them that couples should understand before deciding which route to take. In this post, we’ll delve into the nuances of public and confidential marriages in California, highlighting their key characteristics, benefits, and considerations.
What is a Public Marriage?
A public marriage, also known as a traditional marriage, is what people think of when the topic of marriage comes up. In this arrangement, couples obtain a marriage license from the County Clerk’s office and exchange vows in a ceremony that is typically performed by a licensed officiant, like a clergy member or a judge. The marriage license becomes a matter of public record, which means that anyone can access information about the marriage, including the date, location, and names of the spouses. So, if you’re thinking of getting a public marriage, consider that the details will be made public.
Main Points:
1. Obtaining a Marriage License:
Couples must apply for a marriage license from the County Clerk’s office in the county where they plan to marry. The license is typically valid for 90 days from the date of issuance.
2. Ceremony:
The marriage ceremony must be conducted in the presence of at least one witness and a licensed officiant (like a clergy member or a judge).
3. Public Record:
Information about the marriage, including the marriage license and certificate, is recorded and accessible to the public.
Benefits of Public Marriage:
A public marriage is recognized not only in California but also across the United States and in other countries. If a couple married in California decide to settle down in another state, the marriage will still be recognized under the law.
What is a Confidential Marriage?
A confidential marriage offers couples greater privacy and discretion compared to a public marriage. In a confidential marriage, couples obtain a confidential marriage license from the County Clerk’s office, and the ceremony is typically performed without the presence of witnesses. The marriage license and certificate are kept confidential and are not part of the public record, providing couples with a higher level of privacy. The biggest difference is that a confidential marriage is kept private from the public.
Main Points:
1. Confidential Marriage License:
Couples must apply for a confidential marriage license, which is only available to California residents. The license is valid for 90 days and can only be obtained from the County Clerk’s office.
2. Ceremony:
The marriage ceremony can be performed without the presence of witnesses, although couples can choose to have witnesses if they’d like.
3. Confidentiality:
Information about the marriage, including the marriage license and certificate, is kept confidential and is not accessible to the public.
Benefits of Confidential Marriage:
Confidential marriages, unlike public marriages, offer couples greater privacy, as their personal information is not part of the public record. Along the same lines, confidential marriages can be advantageous for couples who may be concerned about potential harassment or unwanted attention.
Considerations for Couples
Both public and confidential marriages are legally recognized unions in California, with the same rights and responsibilities. However as noted above, there are clear and distinct differences. With regard to public marriages, they are open to anyone. Confidential marriages are only available to California residents. Couples may want to consider their personal preferences regarding privacy and social recognition when choosing between public and confidential marriages.
To conclude: In California, couples have the option of entering into either a public or confidential marriage, each with its own set of characteristics, benefits, and considerations. Whether couples prioritize privacy or social recognition, understanding the differences between public and confidential marriages can help them make an informed decision that aligns with their needs and preferences.
If you’re interested in learning more or need help with the process, contact MCB Law below!
