Marriage Ceremony Formalities in New Jersey
At a glance
| Who may solemnize | Specified federal, State, and municipal judges; county and municipal officers; clergy; certified civil celebrants; religious societies (§ 37:1-13). |
|---|---|
| Appointment or registration route | Civil celebrant needs Secretary of State certification after the statutory course and application; certificate must arrive before officiating (§ 37:1-13(b)). |
| License and ceremony timing | Present license before ceremony; normally issued after 72 hours and valid 30 days after issue; emergency court waiver of wait (§§ 37:1-4, -15). |
| Required declaration or form | Marriage performed by or before authorized solemnizer; §§ 37:1-10 and -13 prescribe no fixed spoken formula. |
| Attending witnesses | At least two must be present at the ceremony and sign the certificate with residences (§ 37:1-17). |
| Religious or self-uniting route | Religious society, institution, or organization may join the couple under its rules and customs (§ 37:1-13(a)). |
| Proxy or remote presence | Overseas Armed Forces or National Guard member serving in conflict or war and unable to appear may use written attorney-in-fact proxy (§ 37:1-17.3). |
| Who signs the certificate | Solemnizer or religious society's legally authorized agent subscribes date and place; at least two present witnesses sign with residences (§ 37:1-17). |
| Return recipient and deadline | Solemnizer sends certificate and license within 5 days to local registrar where ceremony occurs or county board of health clerk; proxy power of attorney accompanies them (§§ 37:1-17.1; 26:8-41). |
Requirements one by one
Solemnizers and civil celebrants
Section 37:1-13 names judges, specified county and municipal officials, clergy, and certified civil celebrants. A municipal clerk is on the current list. Civil celebrants need Secretary of State certification after meeting the course, application, and other statutory requirements; an applicant may not solemnize until approval and receipt of the certificate.
License, ceremony, and witnesses
Under § 37:1-4, the license ordinarily cannot issue until 72 hours after application, although the Superior Court may waive that wait in an emergency. It remains valid for 30 days after issue. Section 37:1-15 requires presentation of the license before solemnization (§ 37:1-15). Sections 37:1-10 and 37:1-13 require performance by or before an authorized solemnizer or religious society; they prescribe no particular words. At least two witnesses must be present and sign the certificate with their residences under § 37:1-17.
Religious society and military proxy routes
A religious society, institution, or organization may join a couple according to its rules and customs (§ 37:1-13). A member of the Armed Forces or National Guard stationed overseas during conflict or war who cannot appear may authorize an attorney-in-fact by a written power of attorney to obtain the license and participate in the ceremony (§ 37:1-17.3). That document must satisfy the statutory signing and acknowledgment or military-witness formalities.
Certificate and filing
The solemnizer, or a religious society's legally authorized agent, enters the date and place on the certificate; two ceremony witnesses sign and give their residences (§ 37:1-17). Within five days, the solemnizer sends the certificate and license to the local registrar for the district where the ceremony occurred or the county board of health clerk (§ 26:8-41). For a proxy ceremony, the power of attorney accompanies them. Section 37:1-17.1 allocates the certificate copies among the registrar, couple, and solemnizer.
What trips people up
The witness to a license application is distinct from the two people present at the ceremony who sign the marriage certificate (§ 37:1-17). Current law includes municipal clerks as officiants. Pending S 1000 and A 283 would add state legislators to the list, but neither proposal is in force.
Common questions
Does a civil celebrant need approval before officiating? Yes. Section 37:1-13(b) requires Secretary of State approval and receipt of the certification.
Who files the record? The person or society that solemnizes the marriage transmits the certificate and license within five days (§ 26:8-41).
Statutes and sources
The quoted N.J.S.A. §§ 37:1-4, -10, -13, -15, -17, -17.1, -17.3, and 26:8-41 were checked in the current official compilation on October 4, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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