Marriage Ceremony Formalities in Delaware

Short answer Delaware permits registered clergy, listed current and former judges and court officers, and certain municipal officials to solemnize marriages. The ceremony requires two adult witnesses who sign the certificate; the officiant's form also certifies the ceremony. A license normally requires a 24-hour wait and lasts 30 days, while the officiant must return the certificate to the issuing clerk of the peace within 15 days. (13 Del. C. §§ 106, 107, 115, 118.)
State
Delaware
Statute checked
October 4, 2026
Sources
24 statutes

At a glance

Who may solemnizeRegistered in-state or visiting clergy; listed current/former state and federal judges; county clerks of peace; municipal chief executive officers (§ 106(a)(2)).
Appointment or registration routeClergy register online with a clerk of peace for statewide authority; county clerk may give written authorization to specified visiting judges or another county clerk for good cause (§ 106(a)(3), (b)).
License and ceremony timingProduce license; obtain at least 24 hours before ceremony; valid 30 days, subject to clerk's good-cause shortening of wait or extension up to 180 days (§§ 106(a)(4), 107).
Required declaration or formCeremony may follow a religious society's forms and usages or be entirely secular; § 106(a)(4) prescribes no fixed words.
Attending witnessesAt least two reputable witnesses age 18 or older must attend and sign certificate (§ 106(a)(4)).
Religious or self-uniting routeMarriage may follow religious society forms and usages; license is delivered to society or qualified officer (§§ 106(a)(4), 107(b)).
Proxy or remote presence§ 106(a)(4) requires two witnesses present; no express ceremony proxy or remote route in cited chapter.
Who signs the certificateTwo adult witnesses sign certificate; license contains issuing authority's signature and performer's certification of ceremony and date/time (§§ 106(a)(4), 115(a)).
Return recipient and deadlineOfficiant returns certificate to issuing clerk of peace within 15 days; late return incurs $50 fee (§ 118(a)).

Requirements one by one

Solemnizers and registration

Delaware authorizes registered resident and nonresident clergy, specified current and former Delaware and federal judges, county clerks of peace within their counties, and municipal chief executive officers within their municipalities (13 Del. C. § 106(a)(2)). Clergy register with a county clerk of peace through the online registry; once registered, they may solemnize statewide (§ 106(b)). For good cause, the clerk in the ceremony county may give written authority to specified judges from other jurisdictions or a current clerk from another Delaware county (§ 106(a)(3)).

License, witnesses and certificate

The couple ordinarily obtains a license at least 24 hours before the ceremony, delivers it to the officiant, and marries within 30 days of issue (§ 107(a)–(c)). For good cause, a county clerk of peace can shorten the waiting period or extend the license period to at most 180 days (§ 107(d)). At least two reputable witnesses aged 18 or older must attend and sign the certificate (§ 106(a)(4)). The same provision allows a religious society's forms and usages or an entirely secular ceremony, but requires a license.

What trips people up

The license form contains the issuing authority's signature and a place for the person performing the ceremony to certify that it occurred and to state its date and time (§ 115(a)). Delaware also provides a separate form evidencing the marriage, delivered without charge to the bride immediately after the ceremony; it may be the original license or a copy (§ 115(b)). The person officiating returns the certificate to the issuing clerk of peace for recording within 15 days; a late return incurs a $50 fee (§ 118(a)).

Common questions

May a visiting minister perform the ceremony? Yes, after registering with the clerk of peace in the county where the ceremony occurs (§ 106(a)(2)). A registration in any county then authorizes marriages statewide (§ 106(b)).

Must the witnesses sign? Yes. Section 106(a)(4) requires both their presence and their certificate signatures.

Can the clerk waive the 24-hour wait? For good cause, the county clerk of peace may shorten it (§ 107(d)).

Statutes and sources

  • 13 Del. C. §§ 106, 107, 115 and 118. The source fields above contain verbatim excerpts from the current official subchapter page, its URL and the access date.

Source links

Every statute quoted above, linked, with the date we checked it.

13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 106 · accessed 2026-10-04
13 Del. C. § 107 · accessed 2026-10-04
13 Del. C. § 107 · accessed 2026-10-04
13 Del. C. § 107 · accessed 2026-10-04
13 Del. C. § 107 · accessed 2026-10-04
13 Del. C. § 107 · accessed 2026-10-04
13 Del. C. § 107 · accessed 2026-10-04
13 Del. C. § 115 · accessed 2026-10-04
13 Del. C. § 115 · accessed 2026-10-04
13 Del. C. § 118 · accessed 2026-10-04
This page gives general information about statutory marriage ceremony and certificate procedures, not advice about a particular ceremony or officiant. License terms, other law, and the facts can affect the result. Check current official law and consult a licensed adviser before acting.

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