Demystifying Florida Marriage Witness Requirements
Basic Florida Marriage Witness Rules
In Florida, the law requires that two witnesses be present at the civil ceremony, and that their names – along with their signatures – be recorded on the marriage license as evidence of their attendance. For a religious or traditional ceremony, there is no legal requirement that a witness be present; however , many of the ministers and notaries who provide these ceremonies will ask for a witness or several witnesses to sign. This is completely up to the couple getting married.
The only requirements that must be met to fulfill the state of Florida legal obligations are that the witnesses be:
While it might be tempting to ask your wedding party to be your witnesses at the ceremony, it’s probably better to choose one or two individuals who won’t be part of that much other activity. Remember, their only purpose is to serve as witness to the license’s execution. They will need the following information to be able to do so:
Florida Age and Other Qualifications to Be a Witness
In the Sunshine State, individuals lawfully serving as witnesses to a marriage must be at least 18 years of age with sound mental capacity, and act free of undue pressure or coercion. These parameters exist to prevent an inadvertent act from unintentionally impacting the overall validity and legal status of a marriage ceremony. The law also existing at the state level provides individuals 16 years of age may act as witnesses if they meet such qualifications; however, this legal standard is often not explicitly recognized by the state, county or municipal offices responsible for overseeing the administration of marriage licenses and marriage certificates.
When acting as a witness for a proposed marriage, an individual must demonstrate the legal capacity to confirm the identity of the parties to the proposed marriage. The criteria an individual must satisfy to obtain this status include: An individual must also be familiar with the new couple as well as the marriage contract that is about to take place in order to legally act as a marriage witness. Some counties within the state of Florida require an individual to be related to one of the persons involved in the planned marriage. The one exception to this relates to knowledgeable, certified Ministers, Religious Leaders or Rabbis who led the marriage ceremony in a private location, as well as Secular Humanist Celebrants who have the option of officiating a civil ceremony in Florida.
What a Marriage Witness Does in Florida
The presence of two witnesses at a marriage ceremony in Florida is not simply a formality or an extra expense. The witness’s signature on the Marriage License is important to show that the marriage ceremony was properly conducted. This was very important prior to modern communication. Prior to the modern age of communication where a clerks office could be called or the license could be scanned and emailed, witnesses ensured that the person who obtained the license was indeed the person standing in front of the priest, rabbi, or other officiant.
The witnesses must have some of the following characteristics:
- (1) an adult;
- (2) of sound mind;
- (3) present during the performance of the ceremony; and
- (4) unless exempt, knows the couple has obtained the marriage license.
The witnesses are not required to be residents of the state of Florida.
The law also provides for an exemption from this witness requirement where the couple is married in a special kind of ceremony where they do not obtain or are not required to obtain a marriage license.
The refusal of a witness to provide his/her name to the clerk of court, or otherwise comply with this section, shall make the witness subject to a fine, not to exceed $500.00.
How to Pick Your Marriage Witness
Selecting suitable individuals to act as witnesses to your marriage is of the utmost importance, as they will be required to apply their signatures to your marriage certificate. You should absolutely avoid asking children or anyone who may have questionable reliability or who may exhibit signs of impaired judgment (due to alcohol consumption or other external influences) during the ceremony to be a witness . You will also want to select witnesses with whom your relationship will endure, as some couples are disappointed if their witnesses fail to stay in touch over the years.
Ultimately, you want your witnesses to be reliable and trustworthy individuals with whom you have a long-standing relationship.
Marriage Witness Blunders
While it seems that finding witnesses is pretty cut and dry, there are still a few common mistakes couples make.
First, ensure that your witnesses are of legal age. A legal witness in the state of Florida must be 18 years of age or older, and mentally competent to understand the nature of the ceremony being performed. Lack of capacity will be a defense against the license’s validity.
Second, make sure your witnesses are present at your wedding ceremony. The purpose of a good wedding ceremony is to allow the witnesses to share in this special moment with you and your beloved. Either unintentionally or haltingly, some couples wind up not asking their witnesses to stay for the ceremony. The witnesses may not even know they are there to witness the ceremony in the first place. Consequently, the witness may sign the marriage license without actually witnessing the wedding occur. To avoid possible problems with signing the license, ask your witnesses to remain nearby throughout the ceremony so they are available to sign at the conclusion.
Third, be certain that your witnesses are not related to each other or to you. In addition to being of legal age, witnesses must also be unmarried, not related to you, and mentally competent and later determined to be of sound mind at the time of your marriage. While these all might seem plausible, many people have trouble remembering if their cousin’s aunt’s mother-in-law is actually their relative. Furthermore, some couples may feel inclined to nominate their cousins, aunts, or even mothers as their witnesses, even though the law dictates that witnesses cannot be married to each other or to the couple. To avoid this, simply ask that you or your intended spouse remove any relatives from your short list of witnesses.
Marriage Witness FAQs
Frequently Asked Questions About Marriage Witnesses in Florida
— What happens if there aren’t two witnesses present at my ceremony?
Florida law requires the wedding officiant get the names of the witnesses and their signatures on the marriage certificate immediately after the ceremony. Should a couple get married without two witness, it is permissible for the officiant to note that fact on the certificate, however, the document won’t be valid until one year after the date of the marriage ceremony.
— I’m not having a religious ceremony. Do we still need witnesses?
Yes. Even if you’re having a simple justice of the peace ceremony before a judge, you still must have two witnesses present who sign the marriage license.
— How old do my wedding witnesses need to be?
The law states that the witnesses must be at least 18 years of age. In rare exceptions, the minister or judge who performs the ceremony may allow a minor to sign the marriage certificate .
— Can I ask a stranger to be my wedding witness?
There certainly isn’t a rule against asking a stranger to serve as a wedding witness — you may even consider it good luck. Just keep in mind that not all individuals may like being thrust into the otherwise private moment, so it may be better to go with someone you know.
— Can my photographer serve as one of my wedding witnesses?
A good photographer is also a great wedding resource, so if you’ve had an agreeable relationship with your photographer up to this point, he or she may be a great choice to serve as one of your witnesses. Some photographers will even offer this service for no additional cost.
— Why do I have to fill out the marriage certificate?
With everything else on your plate, filling out the marriage certificate may seem like a small detail — but it’s a very important step in the marriage licensing process. Remember, it ultimately helps identify you as a legal couple, so do as the law requires and fill out all names on the marriage certificate, including the full first and middle name.