Florida Wedding Laws & Brevard County
Florida Wedding Laws
All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law.
Marriage in Florida is regulated by Florida State Statute 741. This domestic relations law enumerates the requirements for obtaining a Florida marriage license. According to Statute 741, there is no residency requirement to get married in Florida either on behalf of the individuals marrying or the wedding officiant. Same sex marriages are not permitted but marriages between first cousins are. A couple under the age of eighteen must obtain the permission of their parents and submit additional paperwork to the county clerk of the county where their nuptials are being performed.
Florida marriage laws specify that, "Any ordained or licensed clergy, justices of the peace or notary publics may perform a legally-binding wedding ceremony." Florida's Domestic Relations Statute 741.07 does not require the officiant to be a resident of the state of Florida. According to the statute, "Persons authorized to solemnize matrimony are all regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law." This includes ordained ministers in or outside the state of Florida. Thanks to these statutes, it is possible to become a priest or minister with the Universal Life Church Monastery and perform legally-binding marriage ceremonies in Florida. An ordained minister will need to supply the county clerk with a copy of his or her ordination certificate. Quakers are also empowered to perform wedding ceremonies according to their own religious traditions.
In order to get married in Florida, couples must obtain a marriage license. The documents required for a marriage license include a valid government-issued photo identification card such as a passport, driver's license, birth certificate or permanent green card. If you have been previously married, the county clerk will also require you to provide the date of your divorce or the date of the death of your previous spouse. If you have only been divorced for thirty days or less, the county clerk will require that you submit a certified copy of the divorce decree or the death certificate of your spouse.
A Florida marriage license is valid for 60 days. There is a new policy according to Florida Statute 741.0306 that an engaged couple who completes a state-sanctioned marriage preparation course will not have to wait three days after obtaining their marriage license before marrying. A couple who completes the course will also receive a discount on the $93.50 fee. This marriage preparation course outlines the rights, responsibilities and duties of a husband and wife to each other, their children and both their obligations if they divorce.
After the ceremony, Florida marriage laws specify that a copy of the Florida marriage certificate be filed with the Department of Children and Families in Jacksonville, Florida, within thirty days.
Tying the knot in a Florida wedding ceremony can be very romantic. There are many wedding officiants who are willing to perform a wedding ceremony in beautiful locations such as pristine beaches and on cliffs overlooking the ocean. The Universal Life Church Monastery can provide the wedding officiant while a myriad of wedding planning services can help engaged couples determine the location.
Brevard County Wedding Laws
Marriage Licenses - General Information
In order to obtain a marriage license in Brevard County, the applicants must apply together, in person, at the Brevard County Clerk of Courts office. The marriage license is only valid within the State of Florida. Both parties must present their state-issued picture ID, military ID, or passport, and know their social security number.
If either applicant has been married previously, they will need to know the exact date of divorce, death, or annulment.
Applicants under eighteen (18) years of age must have consent from both parents, unless a court order has given one parent sole custody, in which case they must have consent from the parent having sole custody. The consent must be provided at the time the application for a marriage license is made. Applicants under sixteen (16) years of age must have court approval and should contact the Clerk of Court's office at (321) 637-2006 for more information.
The fee for a marriage license is $93.50. We accept any form of payment except VISA. If the applicants have taken a premarital class with a registered premarital course provider, the fee is reduced to $61.00.
Effective January 1, 1999, there is a three (3) day waiting period for a marriage license. The waiting period is waived if the applicants have taken a premarital class from a registered premarital course provider, if a hardship is declared by the applicants, or if both applicants are non-Florida residents.
Issuance of a Marriage License
The County Judge or Clerk of the Circuit Court shall issue every marriage license upon application of the license if there appears to be no impediments to the marriage.
Written Application Required
No County Judge or Clerk of the Circuit Court in this state shall issue a marriage license for the marriage of any person present unless shall be first presented and filed with him an affidavit in writing, signed by both parties to the marriage, made and subscribed before an officer authorized by law to administer an oath, reciting the true and correct ages of such parties; unless both such parties shall be over the age of 18, except as provided in F.S.
Persons Authorized to Solemnize Matrimony
All regularly ordained ministers of the gospel or elders in communion with some church or other ordained clergy, all judicial officers, Clerk of the Circuit Court, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law.
Any marriage which may be performed among the people called "Quakers or Friends", in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and wherever the words "minister" and "elder" are used, they shall be held to include all of the persons connected with the Society of Friends, or Quaker, who perform or have charge of the marriage ceremony according to their rites and ceremonies.
Marriage Not to be Solemnized Without a License
Before any of the persons that shall solemnize any marriage, he or she shall require of the parties a marriage license issued by the Clerk of Circuit Court, and making sure the ceremony is performed between the "effective" and "expiration" date.
Marriage License Must be Certified and Filed Within Ten (10) Days
Within ten (10) days after solemnizing the marriage he shall make a certificate thereof on the marriage license, and shall transmit the same to the office of the Clerk of the Circuit Court from which it was issued.
Time Limit
The marriage license must be used within sixty (60) days from the "effective date".
Pre-Marital Course Provider List
Please click here to access the Pre-marital Course Provider List.
Documents and Publications
- Family Law Handbook
Online Marriage License Pre-Application for Brevard Residents
The “Marriage License Kiosk” link connects to the Brevard County Clerk of Courts marriage license pre-application template. This template allows applicants to electronically submit their vital information in advance to expedite the marriage license application process.
Applicants must fill in each field on the template and then click on the “Submit” button. A congratulatory message will display and indicate the applicants’ application number. The applicants should make note of this number at this time and click on the “Finish” button to complete the process. The information is immediately submitted electronically to the Clerk.
At any time after the applicants have submitted their vital information via the template, they can come into any of the Brevard County Clerk of Courts six branch offices to complete the application process. Both parties must be present and provide their valid government-issued picture ID, the application number from the marriage license kiosk, and the applicable marriage license fee to complete the process.