Legal Question in Family Law in Virginia

Nullifying marriage

Based on my research, in Virginia it is required that the minister must return the marriage register and return forms to the clerk of the court within 5 days after the ceremony is performed (see below for the exact wording). If these forms are not returned within the required 5 days, would/could this be a reason for nullification of the marriage?

''Marriage Record - The minister or other person officiating at the marriage must complete and sign the Marriage Register and the Marriage Return and forward both forms to the clerk of the court who issued the license within five (5) days after the ceremony is performed. The Marriage Return is forwarded by the clerk of the court to the State Division of Vital Records. In addition to the forms to be returned to the clerk, the officiate may also prepared a certificate to be given to the newly married couple. If the minister or person who performs the marriage ceremony does not return the Marriage Register and the Marriage Return to the clerk of the court who issued the license, there will be no record of the marriage in the courts or with the state.''


Asked on 9/30/05, 8:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Nullifying marriage

Merely because there may be no official record of a particular marriage solemnized in the Commonwealth by a man of the cloth because certain papers haven't been returned to the clerk of court is no reason to conclude that such

marriage can be adjudged null and void based upon the minister's assumed inadvertence.

If you're seeking to annul your marriage or to provide another with such information that might permit him or her to do so, I would suggest that you review Va. Code Sec. 20-89.1 on the legal reasons which the Commonwealth has decided to make the basis for annuling or voiding a marriage. Needless to say, there is no reference in this statute to the reason which you've suggested in your inquiry as offering a legally justifiable basis for annuling a marriage in Virginia.

It would seem that your apparent penchant for research might be more productively served if you

focused your interests elsewhere.

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Answered on 9/30/05, 11:35 pm


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