2007 News

October 10, 2007

Bucks County Public Service Announcement: Is Your Marriage License Valid?

Barbara G. Reilly, Bucks County Register of Wills and Clerk of the Orphans’ Court, declares a recent Court ruling has determined that some marriages performed over the last few years may not be valid.  The Court determined that a marriage performed by an “internet minister” was invalid.

Mrs. Reilly states, “This is a serious situation.  Because of this decision there are hundreds, maybe thousands of couples out there that think they’re married and may very well not be.  For the last several years, we in the Marriage License Bureau, have been warning couples that they put the validity of their marriage at risk when they are married by any such unauthorized Officiant.”

The landmark decision rendered by Judge Cook, York County Court of Common Pleas, declared a marriage “Void ab initio” on September 7, 2007, meaning the marriage never existed.  This was the result of a challenge to the validity of a marriage performed by an internet minister.

Pennsylvania Statute 23 Pa.C.S.A. 1503 lists specific persons qualified to solemnize marriages, which includes a minister, priest or rabbi of any regularly established church or congregation. 

The ruling determined that the “Officiant”, who received his ordination via the internet, had “no congregation with which he regularly or occasionally meets and no place of worship” therefore he did not meet the qualifications according to State statutes.  Even if appealed, it is likely to be upheld by the Superior and Supreme Court just as New York, North Carolina and Virginia have already done.

As a result of this ruling couples may face serious legal ramifications, such as difficulties with medical coverage, insurance benefits, retirement benefits, Social Security, heirship rights, and could include military spousal benefits to name a few.  They are not even covered under “Common-Law” since it was abolished on January 1, 2005.  “I feel I have a moral obligation and civic duty to quickly reach as many couples as possible, before they encounter problems,” Reilly continued. “Many couples who believe they have a valid marriage may have to get married again by an official who meets state requirements.” 

Mrs. Reilly urges couples to check that their officiant was a legitimate member of a regularly established church or congregation.  If not, they should remarry following state statutes.  Information regarding requirements to obtain a marriage license in Pennsylvania may be obtained by calling (215) 348-6271 or the toll-free numbers (215) 946-8900, (215) 356-4680, or (610) 982-5144 on weekdays between 8:00 a.m. and 4:30 p.m.