Utah Code 81-2-303. Application for marriage license — Contents
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(1) A county clerk may issue a marriage license only after:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 81-2-303
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Child: means , except as provided in Section
81-6-101 , a biological or adopted child of any age. See Utah Code 81-1-101 - City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - County clerk: means :(1)(a) the county clerk of the county; or(1)(b) an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages. See Utah Code 81-2-301
- Court: means :
(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means an individual who is 16 or 17 years old. See Utah Code 81-2-301
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Parent: means a parent with an established parent-child relationship as described in Section
78B-15-201 . See Utah Code 81-1-101- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5(1)(a) an application is filed with the county clerk’s office, requiring the following information:(1)(a)(i) the full names of the applicants, including the maiden or bachelor name of each applicant;(1)(a)(ii) the social security numbers of the applicants, unless an applicant has not been assigned a number;(1)(a)(iii) the current address of each applicant;(1)(a)(iv) the date and place of birth, including the town or city, county, state or country, if possible;(1)(a)(v) the names of the applicants’ respective parents, including the maiden name of a mother;(1)(a)(vi) the birthplaces of the applicants’ respective parents, including the town or city, county, state or country, if possible; and(1)(a)(vii) the age, legal name, and identity of each applicant is verified.(2) A power of attorney may not be used to secure a marriage license on behalf of a party to a marriage.(3)(3)(a) If one or both of the applicants is a minor, the county clerk shall provide each minor with a standard petition on a form provided by the Judicial Council to be presented to the juvenile court to obtain the authorization required by Section81-2-304 .(3)(b) The form described in Subsection (3)(a) shall include:(3)(b)(i) all information described in Subsection (1);(3)(b)(ii) a place for the parent or legal guardian to indicate the parent or legal guardian‘s relationship to the minor in accordance with Subsection81-2-304 (1)(a);(3)(b)(iii) an affidavit for the parent or legal guardian to acknowledge the penalty described in Section81-2-304 signed under penalty of perjury;(3)(b)(iv) an affidavit for each applicant regarding the accuracy of the information contained in the marriage application signed under penalty of perjury; and(3)(b)(v) a place for the clerk to sign that indicates that the following have provided documentation to support the information contained in the form:(3)(b)(v)(A) each applicant; and(3)(b)(v)(B) the minor’s parent or legal guardian.(4)(4)(a) The social security numbers obtained under the authority of this section may not be recorded on the marriage license and are not open to inspection as a part of the vital statistics files.(4)(b) The Department of Health and Human Services, Office of Vital Record and Statistics shall, upon request, supply the social security numbers to the Department of Health and Human Services, Office of Recovery Services.(4)(c) The Office of Recovery Services may not use a social security number obtained under the authority of this section for any reason other than the administration of child support services.(5)(5)(a) A county clerk may not issue a marriage license until the county clerk receives:(5)(a)(i) an affidavit from each party applying for the marriage license, stating that there is no lawful reason preventing the marriage; and(5)(a)(ii) if one of the parties will not be physically present in the state at the time of solemnization of the marriage, an affidavit from each party applying for the marriage license, stating that the party consents to personal jurisdiction of the state, and of the county issuing the marriage license, for the purposes of filing a divorce or annulment of the marriage.(5)(b) A county clerk shall file and preserve each affidavit provided under this section.(5)(c) A party who makes an affidavit described in Subsection (4)(a), or a subscribing witness to the affidavit, who falsely swears in the affidavit is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.(6) A county clerk who knowingly issues a marriage license for any prohibited marriage is guilty of a class A misdemeanor. - Court: means :