Legal Question in Family Law in Pennsylvania
PA self-uniting marriages
My fiancee and I in preparation for a September 30 wedding have obtained a Pennsylvania self-uniting marriage license (see 23 Pa CSA 1502), because of our particular moral and religious beliefs.
We are facing a large amount of opposition from family - including my fiancee's father, who is a lawyer - who are telling us that this form of marriage has absolutely no legal status and is no different from a non-solemnized 'common law' marriage, especially if for some reason the two witnesses were not immediately available (or, sometime in the future, had died!) in case of some challenge.
All the research we have done seems to indicate that an officiated marriage and a self-uniting marriage are equal under PA law. What might back up a claim to the contrary, if any? What might we do to convince others that these are equal in PA law?
1 Answer from Attorneys
Re: PA self-uniting marriages
You asked about self-uniting marriage license.
This is a rather new concept and has been untested but the concept is sound. Any marriage solemnized under this statute is and will be valid as long as it was authorized by statute. In other words, someone may in the future challenge the statute and invalidate the law but that will not invalidate your vows or your marriage.
With the self-uniting marriage the parties act as their own officiants and the witnesses certify by their signature that the marriage was solemnized. The witnesses do not need to be available in the future. The test will be that the signature and identification of the witness must be beyond reproach. In other words, unless someone can prove that the signature of the witnesses are false then they each will be accepted as true.
Self-uniting marriages should be as acceptable as any other type of marriage and are certainly more solid than a common-law marriage. This type of marriage is solemnized, just not by any officiant.
Mazeltov, godspeed, and good luck.
And don't forget to make an appointment with me after the marriage to go over your estate plans.
Roger Traversa
Email: [email protected]
Phone: 215.279.8940
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