Marriage is a unique venture for people from different works of life. However, the concepts of a marriage license and a marriage certificate are essential to understanding the legal process of marriage.
Although people often use the two terms—marriage license and marriage certificate—in everyday speech, they imply different things. In this article, we will discuss the difference between a marriage license and a marriage certificate and how to get them.
What is a Marriage License?
A marriage license is a legal document a couple must obtain before their wedding ceremony. It is a formal application to the state seeking official recognition and marriage permission. This document guarantees the marriage is legal and follows the state’s laws.
Getting a Marriage License
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Here’s everything you need to know about getting a marriage license:
Application Process
Intending Couples must apply for a marriage license through a local government office, such as a county clerk’s office, municipalities, etc, as applicable to each country, region, state, and jurisdiction.
Both parties must appear in person to provide identification and, in some cases, additional documents such as divorce decrees or death certificates if previously married to necessitate a new union.
Validity Period
Some marriage licenses have a specific validity period, ranging from 30 to 90 days, depending on the jurisdiction. The couple must marry within this timeframe, or they will need to apply for a new license.
Waiting Period
In most cases, some states impose a waiting period between the application and the license issuance, ranging from a few hours to several days.
This is to ensure that rivals will not interrupt the marriage for any reason on the wedding day, as the notice about their marriage has officially been declared by the authorities for them to see.
Fees
A marriage license usually requires fees to obtain. These fees can vary by country, state, jurisdiction, and locality.
When to Get a Marriage License?
The timing of when to get a marriage license varies usually according to the laws and regulations of where you live.
Some counties may require you to fill out the marriage license application online before the set appointment, while others allow you to walk in. Nonetheless, both you and your future spouse must go through the process and acquire your marriage license.
When you apply, it is important to go with two means of identification, which might include a driver’s license, birth certificate, passport, etc.
In some countries, marriage licenses have an expiry date. Most times, it is advisable to apply within 90 days of the wedding date.
What is a Marriage Certificate?
A marriage certificate, on the other hand, is an official document that proves a couple is legally married. It is issued after the marriage ceremony has been performed and the marriage license has been signed by the officiators and witnesses if required.
Getting a Marriage Certificate
Here’s all you need to know about getting a marriage certificate:
Certificate Appearance
A marriage certificate typically includes the couple’s names, the date and place of the marriage, and the signatures of the officiators and witnesses. It is usually printed on special paper and sealed to denote its authenticity.
The Issuance Process
After the marriage ceremony, the signed marriage license is returned to the issuing office. Once processed, a marriage certificate is generated and sent to the couple. The processing time can vary but generally takes a few weeks.
Serves as Legal Proof of Marriage
The marriage certificate is the legal proof of marriage, required for various legal purposes such as changing one’s name, filing taxes jointly, and applying for spousal benefits.
Marriage License vs. Marriage Certificate
Four significant differences between a marriage license and a marriage certificate are illustrated in the table below:
| Features | Marriage License | Marriage Certificate |
| Purpose | It grants permission for a couple to marry | It serves as proof that the marriage has taken place. |
| Timing | The marriage license is obtained before the marriage ceremony | A marriage certificate is issued after the marriage ceremony. |
| Process | Involves an application process, identification verification, and sometimes a waiting period | Involves submitting the signed marriage license to the appropriate office and processing it into an official document. |
| Legal Role | A marriage license is required to conduct the marriage ceremony legally. | A marriage certificate is required to prove the marriage for legal and official purposes. |
Top 5 Uses of the Marriage Certificate
Changing a Spouse’s Last Name
The marriage certificate is essential when a husband changes the wife’s last name upon marriage. This legal document indicates an official change of name and is necessary to alter a number of records and personal identification.
Changing names on driver’s licenses, social security cards, passports, and other similar identification documents requires a marriage certificate. Furthermore, bank accounts, credit cards, and any other linked accounts may need to be changed to the new name.
Filing Joint Taxes
Many married people should know that filing taxes jointly may help reduce the amount of taxes to be paid. The marriage certificate plays a vital role in this process because it speaks of the legal aspect of the marriage.
It should be noted that the joining of revenues makes the couples eligible for some tax reliefs and exemptions not offered to people who file separately. Such advantages may include reduced tax percentages, higher income levels for some credits, or allowability of credits regarding education or child care.
Applying for Spousal Health Insurance
Many employers provide healthcare benefits, and these benefits usually cover an employee’s spouse. To register such a spouse for a plan, one must usually provide a marriage certificate to substantiate the marriage status.
This document confirms that the spouse is entitled to coverage under the insurance plan for health needs. It may also be necessary when applying for other spouses’ related benefits like life insurance or dental care, where both spouses need to be properly insured.
Proving Marital Status for Immigration Purposes
During immigration applications, the most important document that an applicant is required to attach is a marriage certificate. It is employed to prove the legal nature of the marriage that a Green card holder or the citizen has with their alien partner.
This proof is vital when applying for a spouse visa when changing the immigration status of the foreign spouse or naturalization. The marriage certificate assists in proving that the marriage was for a genuine purpose and not to procure immigration benefits, which are some of the fundamental elements that facilitate the approval of an application.
Settling Estates and Inheritance Issues
In such a sad circumstance as the death of a spouse, the marriage certificate is a crucial document that the law recommends in the determination of the estate and the distribution of the property of a deceased person.
The certificate will stipulate if the surviving spouse can inherit any property, withdraw any cash from any joint accounts with the deceased, and/or be eligible for any pension/retirement benefits of the deceased spouse.
It includes the distribution of the person’s property and is useful when there is no will to ensure that the surviving husband or wife gets their fair share.
Conclusion
Understanding the difference between a marriage license and a marriage certificate is essential. A marriage license is obtained before the wedding, granting legal permission to marry and ensuring that the marriage complies with state laws.
A marriage certificate, issued after the wedding, serves as legal proof of the marriage. This document is crucial for various legal and administrative purposes, such as changing names, filing joint taxes, applying for spousal benefits, and proving marital status for immigration and inheritance.
Now you know the difference between both.
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