Delaware Marriage Laws
Written and edited for accuracy by the Delaware marriage law researchers at the Universal Life Church on
Delaware marriage laws and regulations governing the performance of marriages are unique to the state. We have gathered all the information you will need to get married in the state, or to perform a wedding in one convenient location for you. Our detailed guide has all of the rules and steps that need to be followed in Delaware to make sure any wedding performed is legally binding.
Requirements for the Couple
- Min. Age of Couple:
- Age 18
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
In Delaware, only adults 18 years of age or older can legally be issued a marriage license, and there are no exceptions.
You may be a resident of Delaware or be a resident from anywhere outside of the state and still be granted a marriage license. Even citizens of foreign countries may marry in Delaware.
Like all U.S. states, Delaware recognizes marriage equality so same-sex wedding may legally take place in the state.
Del. Code tit. 13 § 101 Void and voidable marriages.
(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.
Del. Code tit. 13 § 123 Marriage of minors; consent forms.
(a) No individual under the age of 18 shall be granted a marriage license.
Marriage License Requirements
- Min. Age of Witnesses:
- 18 Years
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
The couple must go in-person to the county clerk’s office to apply for the wedding license. They need to bring a government issued photo ID to show proof of age and identity at the time of application. They will also need to bring proof of a previous divorce if applicable. This means a certified legal copy of the divorce decree in most cases.
The cost of the license is $70 for residents of Delaware and $120 for out-of-state residents. Once issued, it may be used for a wedding that takes place in any county in the state.
States no longer require blood tests from the couple in order to obtain a marriage license.
Del. Code tit. 13 § 101 Void and voidable marriages.
(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:
(1)-(5) [Repealed.]
(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;
Del. Code tit. 13 § 120 Marriage license application; appearance of parties; exception.
Before any marriage license shall be issued by the issuing officer, the parties desiring to marry shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing of each other according to the form prescribed in § 122 of this title to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed marriage exists. In the case of critical illness of 1 of the parties desiring to marry, the physician attending such party may appear for the ill party and make an application for a marriage license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully marry. The application for the marriage license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.
Marriage License Facts
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 1 Day
- License Valid For:
- 30 Days
- License Must Be Submitted:
- Within 4 Days of Ceremony
If there is a choice for the couple between a marriage license for a “religious ceremony” and for a “civil ceremony”, make sure that the couple chooses the “religious ceremony”. Even if the wedding is not going to contain religious elements or any faith-based traditions, the distinction comes by the authority of the officiant.
A minister of the Universal Life Church is able to solemnize religious ceremonies based on their authority given by the church’s ordination. Alternatively, a civil ceremony would be a secular ceremony performed by a judge, notary, or some other type of civil celebrant.
There is a one day window from when the couple submits their application and when they are able to obtain the marriage license. In Delaware when the license is issued, it is valid for a period of 30 days. After the ceremony takes place, it must be returned to the County Clerk’s office for filing within 4 days to be legally recorded.
Del. Code tit. 13 § 107 Marriage licenses; obtaining and delivery.
(a) Persons intending to be married within this State shall obtain a marriage license at least 24 hours prior to the time of the ceremony.
(b) The license must be delivered to the person who is to officiate before the marriage can be lawfully performed. If the marriage is to be performed by or before any religious society, the license shall be delivered to the religious society or any officer thereof who is duly qualified according to § 106 of this title.
(c) A marriage license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to marry within 30 days from the date of its issuance. In the event the marriage ceremony is not performed within 30 days, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to marry. No refund or rebate shall be given for the unused license, nor shall said license be reinstated or postdated. The procedure to secure another license shall be the same as that provided for the initial application.
(d) The Clerk of the Peace in each county for good cause being shown may:
(1) Shorten the time periods specified in subsection (a) of this section; or
(2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.
Del. Code tit. 13 § 117 Forms to be sent to clerk of the peace; duties of the clerk.
(a) The person performing the marriage shall, within 4 days after the ceremony, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe.
Requirements for the Minister
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Credentials of Ministry
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- Before Ceremony
- Minister I.D. # Issued:
- Yes
ULC ministers who are officiating weddings in Delaware must be 18 years of age. It does not matter where the minister is a resident, their gender, or what their faith is.
Ministers planning to perform a ceremony in Delaware must first register with the state. If the minister is a resident of Delaware they will be required to register in the county where they reside. If they are from anywhere out of state, they will need to register in the county where the wedding is going to physically take place.
The minister will be required to provide an ordination credential and may need to provide additional information or documents. As they are still in the process of implementing this registry, please reach out to the county office directly for more details. ULC ministers in Delaware who have performed weddings in there the past report that the Classic Wedding Package worked well for registration purposes.
The Clerk of the Peace maintains a publicly searchable statewide database of ministers who are registered. They will issue a license with a ministerial ID number to each applicant to the registry. The minister will need this registration ID to enter on any marriage licenses that they fill out, so they must register prior to solemnizing.
Del. Code tit. 13 § 106 Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty.
(a) (1) For purposes of this subsection, “chief executive officer” means the mayor of an incorporated municipality. If an incorporated municipality does not have a mayor, then “chief executive officer” means the president of the legislative body of the incorporated municipality. If an incorporated municipality does not have a mayor or a president of the legislative body, then “chief executive officer” means the presiding officer of the legislative body of the incorporated municipality.
(2) The following individuals over 18 years of age may solemnize a marriage between individuals who may lawfully enter into the matrimonial relation:
a. A clergyperson or minister of any religion who resides in the State, provided he or she is registered with the Clerk of the Peace in the county where he or she resides.
b. A clergyperson or minister of any religion who does not reside in the State, provided he or she is registered with the Clerk of the Peace in the county where the marriage ceremony is to be performed.
c. A current or former judge of this State’s Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, or Justice of the Peace Court.
d. A current or former federal judge or magistrate with jurisdiction over this State.
e. A current or former Clerk of the Peace of a county of this State, within the county in which the Clerk holds or held that office.
f. The chief executive officer of an incorporated municipality of this State, within the corporate limits of that municipality.
(b) The Clerk of the Peace in each county shall maintain an online registry through which clergypersons or ministers of any religion must register.
(1) Upon registering, registrants shall receive a registration card online bearing the registrant’s personal registration number. That registration number must be entered on the certificate of marriage of each marriage ceremony performed by the registrant.
(2) Once registered with a Clerk of the Peace in any county, a registrant’s name will be added to a statewide registry accessible to the public online.
(3) Once registered with a Clerk of the Peace in any county, a registrant will be authorized to solemnize marriages statewide.
Wedding Ceremony Requirements
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
It is essential that all legally relevant parties be present for the ceremony. This means the officiant, couple, and two witnesses age 18 or over must all be physically in the same place to sign the documents.
The ceremony may be styled and customized to the complete preference of the couple. The legally required portion of the ceremony that will need to be included somewhere is known as the couple’s consent and the pronouncement. The exact verbiage does not matter as long as both members of the couple verify that they consent to be married, commonly taking the form of an “I do” exchange. This needs to be followed by the minister pronouncing the couple married.
Del. Code tit. § 106 Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty.
(a) (4) Marriages shall be solemnized in the presence of at least 2 reputable witnesses who are at least 18 years of age and who shall sign the certificate of marriage as prescribed by this chapter. Marriages may be solemnized or contracted according to the forms and usages of any religious society or in an entirely secular manner. No marriage shall be solemnized or contracted without the production of a license issued pursuant to this chapter.
Final Steps
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
Once the wedding is over, the minister should oversee the final steps to ensure they are completed.
There is a section on the marriage license that needs to be filled in by the wedding officiant. In this section when they ask for the name, please give your legal name without any titles. They may have an additional section asking for title, which should be given as “minister”.
Make certain that the license is filled out correctly and fully by all parties. It can be costly and time consuming to try and fix mistakes, and a new license may need to be issued by the state in some cases.
In Delaware the license must be returned within 4 days of the wedding to the office that issued it.
We strongly suggest that any minister performing a wedding would keep accurate records of any ceremonies in their personal files. This is especially the case if they are monetarily compensated for any services.
Have a wonderful time! Weddings are some of the happiest celebrations and times of our lives and we hope that everyone involved gets to truly appreciate and soak in the joy of the day.
Interested in Performing a Delaware wedding?
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