Marriage in Connecticut
Connecticut Marriage Legislation
Sec. 46b-22. (Formerly Sec. 46-3). (See Connecticut General Statutes 46b-21 through 46b-30 )
“Who may join persons in marriage. Penalty for unauthorized performance.
(a) All judges and retired judges, either elected or appointed and including federal judges and judges of other states who may legally join persons in marriage in their jurisdictions, family support magistrates, state referees and justices of the peace may join persons in marriage in any town in the state and all ordained or licensed clergymen, belonging to this state or any other state, so long as they continue in the work of the ministry may join persons in marriage.
All marriages solemnized according to the forms and usages of any religious denomination in this state, including marriages witnessed by a duly constituted Spiritual Assembly of the Baha’is, are valid. All marriages attempted to be celebrated by any other person are void.”
Requirements for Marriage
Any two persons may marry in Connecticut so long as both parties to the marriage meet Connecticut’s eligibility requirements.
A person is eligible to marry when this person is:
- Not a party to another marriage, or a legal relationship that provides substantially the same rights, benefits and responsibilities as a marriage, or the person is joined in a civil union and such person marries their civil union partner; or the person is joined in another type of legal relationship that is substantially similar to a civil union, and such person marries the partner of such other relationship.
- At least 18 years old, or the person is under 18 years of age, and such person has received written consent to marry from a parent, guardian, or in the absence of such parent or guardian, a probate court judge; or the person is under 16 years of age, and such person has received written consent to marry from a probate court judge.
- Not under the supervision or control of a conservator, or the person is under the supervision or control of a conservator and such person has received written consent to marry from their conservator.
- Not in the case of section C.G.S. § 46b-21. C.G.S. § 46-21 prohibits persons from marrying their parent, grandparent, child, grandchild, sibling, parent’s sibling, sibling’s child, stepparent or stepchild.
Issuing and use of a marriage licenses in Connecticut
§ 46b-24. (a) No persons may be joined in marriage in this state until both have complied with the provisions of sections 46b-24, 46b-25 and 46b-29 to 46b-33, inclusive, and have been issued a license by the registrar for the town in which (1) the marriage is to be celebrated, or (2) either person to be joined in marriage resides, which license shall bear the certification of the registrar that the persons named therein have complied with the provisions of said sections.
Civil Union Legislation
The Connecticut Legislature passed a civil union bill in April 12, 2005. The vote was 85 to 63. Two amendments were also included and passed:
- One amendment held that marriage is a union between one man and one woman. This amendment was in favor of those who are uncomfortable with the idea of same-sex marriage.
- The other amendment limits civil unions to persons who are 18 years of age or older. Before the amendment, the clause in this regard was similar to that found in the Connecticut Marriage Act, which states that the probate judge would allow persons younger than 18 to join.
The Senate approved the House-amended bill on 20 April 2005 (by a vote of 26 to 8) and the bill was signed the same day.
This legislation gives same-sex couples access to the same Connecticut state benefits as were previously available only to opposite-sex couples. The law extended civil rights to all couples, no matter their gender, making the discrimination in any form unacceptable in Connecticut. For some groups, granting government benefits normally reserved for married couples to any group, as Connecticut did, devalues the contribution and special status traditional marriage gives to married couples.
Same Sex Marriage
In November 12, 2008, same sex marriage became legal in Connecticut. The eligibility requirements and application process for same sex marriage are identical to the requirements for opposite sex marriage.
Connecticut General Statutes
Chapter 815j – Dissolution of Marriage, Legal Separation and Annulment:
The full-text of the statutes are searchable here: http://search.cga.state.ct.us/dtsearch_pub_statutes.html
Validity and Recognition of foreign marriages in Connecticut
“A marriage… entered into in another state or jurisdiction and recognized as valid by such other state or jurisdiction shall be recognized as a valid marriage in this state, provided such marriage or relationship is not expressly prohibited by statute in this state.” Conn. Gen. Stat. § 46b-28a.
“Neither case law nor § 42b-28 suggests that courts are under any obligation to recognize a marriage which is not valid in the country in which it was obtained or which was not celebrated in the presence of the U.S. ambassador or minister to that country or a U.S. consular officer accredited to such country at a place within his consular jurisdiction.” Reddy v. Reddy, No. FA 03 0285473 (Conn. Super. Ct., J.D. New Haven at Meriden, May 17, 2005).
Marriage and Dissolution
Welcome to the Connecticut legal encyclopedia's introductory part covering the marriage and dissolution laws of Connecticut, with explanations of the various implications of marriage and dissolution in Connecticut and the statutes enforced in Connecticut in connexion with marriage and dissolution. This introductory section covers case law related to marriage and dissolution in Connecticut, the legal approach on marriage and dissolution in the United States and related topics. The information below provides an Connecticut-specific general overview of the legal regime of marriage and dissolution in Connecticut.
Marriage and Dissolution in relation to Family Law
This section analizes the legal issue of marriage and dissolution in this context, and provides information on its relation with Marriage and Dissolution.
Marriage as a Legal Status
Welcome to the Connecticut legal encyclopedia's introductory part covering the Marriage as a legal status laws of Connecticut, with explanations of the various implications of Marriage as a legal status in Connecticut and the statutes enforced in Connecticut in connexion with Marriage as a legal status. This introductory section covers case law related to Marriage as a legal status in Connecticut, the legal approach on Marriage as a legal status in the United States and related topics. The information below provides an Connecticut-specific general overview of the legal regime of Marriage as a legal status in Connecticut.
Marriage as a Legal Status in relation to Family Law
This section analizes the legal issue of Marriage as a legal status in this context, and provides information on its relation with Marriage and Dissolution.