Getting Married in New Hampshire: Legal Guide for Couples
Getting married in New Hampshire requires obtaining a marriage license from any town or city clerk in the state, with no waiting period and a 90-day validity period. Both parties must appear in person with valid identification, and the marriage must be solemnized by an authorized officiant within the state.
Unlike many states, New Hampshire has no residency requirement for marriage licenses and no waiting period between receiving your license and getting married, making it relatively straightforward for both residents and non-residents to wed in the state.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (RSA 457:7)
In New Hampshire, couples must obtain a marriage license from any town or city clerk in the state before getting married. The license is valid for 90 days from the date of issuance. Both parties must appear in person, provide identification, and pay the required fee. No blood tests or waiting periods are required in New Hampshire.
Age Requirements (RSA 457:4-6)
The minimum age to marry in New Hampshire is 18 years. Previously, the state allowed minors to marry with parental consent and court approval, but in 2018, New Hampshire raised the minimum marriage age to 18 for both parties with no exceptions.
Prohibited Marriages (RSA 457:1-2)
New Hampshire prohibits marriages between certain relatives. Marriages between parents and children, grandparents and grandchildren, siblings (whole or half blood), aunts/uncles and nieces/nephews, and first cousins are not permitted. Same-sex marriage has been legal in New Hampshire since January 1, 2010.
Solemnization Requirements (RSA 457:31-32)
Marriages in New Hampshire may be performed by justices of the peace, ministers of the gospel who are residents of the state and ordained according to the usage of their denomination, ministers commissioned or licensed by recognized churches, and judges. The officiant must complete the marriage certificate and return it to the town clerk within 6 days of the ceremony.
Name Change Options (RSA 5-C:43)
After marriage, either spouse may adopt the surname of the other, retain their birth surname, or adopt a hyphenated combination of both surnames. The name change can be indicated on the marriage license application and becomes official when the marriage is registered. For other name changes, a separate legal process through the probate court is required.
Regional Variances
New Hampshire Marriage Requirements
In New Hampshire, couples must obtain a marriage license from any town or city clerk in the state, regardless of residence. The license is valid for 90 days from issuance. Both parties must appear in person with valid ID. There is no waiting period after receiving the license, and you can marry immediately. New Hampshire requires no blood tests or medical exams. The minimum age to marry is 18, with no parental consent exceptions for minors. Same-sex marriage has been legal since 2010.
Manchester, as New Hampshire's largest city, follows state laws but may have higher marriage license fees than smaller municipalities. The City Clerk's office typically processes a higher volume of marriage licenses and may require appointments during busy seasons.
Portsmouth is a popular wedding destination in New Hampshire. The City Clerk's office provides marriage licenses during regular business hours. Due to its popularity for destination weddings, it's advisable to check with the clerk's office well in advance during summer months when demand is higher.
Nashua follows state marriage laws but has specific local office hours for obtaining marriage licenses. The City Clerk's office requires both parties to appear together with proper identification, and accepts credit card payments for license fees, which some smaller towns may not.
As the state capital, Concord's City Clerk's office is particularly knowledgeable about state marriage laws and can provide detailed information about the process. They offer extended hours on certain days of the week, which can be convenient for couples with work constraints.
Suggested Compliance Checklist
Apply for a Marriage License
30-90 days before wedding days after startingIn New Hampshire, couples must apply for a marriage license at any town or city clerk's office. Both parties must appear in person with valid identification (driver's license, passport, etc.) and provide their birth certificates. The license fee is typically $50. There is no waiting period in New Hampshire, and the license is valid for 90 days from the date of issuance.
Complete Marriage License Application
30-90 days before wedding days after startingFill out the marriage license application with accurate personal information including full legal names, dates of birth, places of birth, social security numbers, and current addresses. You'll also need information about previous marriages if applicable, including how and when they were terminated.
Consider a Prenuptial Agreement
60-90 days before wedding days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In New Hampshire, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with an attorney to ensure the agreement meets all legal requirements and will be enforceable.
Plan for Name Change (if applicable)
30 days before wedding days after startingIf either spouse plans to change their name after marriage, prepare the necessary documentation. In New Hampshire, you can use your marriage certificate as proof of name change for Social Security, DMV, passport, and other accounts. For some entities, you may need to complete specific forms.
Update or Create a Will
30 days after wedding days after startingMarriage automatically revokes a previously existing will in New Hampshire unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired. In New Hampshire, a valid will must be in writing, signed by the testator, and witnessed by two competent individuals.
Create Healthcare Power of Attorney
45 days after wedding days after startingDesignate your spouse or another trusted individual to make healthcare decisions on your behalf if you become incapacitated. In New Hampshire, this document must be signed in the presence of two witnesses or a notary public. The witnesses cannot be the person you're appointing as your agent, your healthcare provider, or employees of your healthcare provider.
Establish Durable Power of Attorney
45 days after wedding days after startingCreate a durable power of attorney to authorize your spouse or another trusted person to handle financial and legal matters if you become unable to do so. In New Hampshire, this document must be signed before a notary public or justice of the peace to be legally valid.
Update Beneficiary Designations
60 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in New Hampshire, so you must update them manually to include your spouse if desired.
Consider Joint Banking
60 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. If choosing joint accounts, visit your financial institution together with identification and your marriage certificate to complete the necessary paperwork.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In New Hampshire, you typically have 30 days from your wedding date to make these changes. Contact your health insurance provider or employer's HR department to obtain and complete the necessary forms.
Update Tax Filing Status
90 days after wedding days after startingResearch whether filing jointly or separately will be more beneficial for your tax situation. If you're married as of December 31, you'll be considered married for the entire tax year. Consider consulting with a tax professional to understand the implications for your specific financial situation.
Update Social Security Information (if name change)
30 days after wedding days after startingIf either spouse changed their name, visit the Social Security Administration with your marriage certificate and identification to update your Social Security record. This should be done before updating your driver's license.
Update Driver's License and Vehicle Registration (if name change)
45 days after wedding days after startingAfter updating your Social Security information, visit the New Hampshire Division of Motor Vehicles with your marriage certificate, current license, and proof of residency to update your driver's license and vehicle registration with your new name.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In New Hampshire, couples must apply for a marriage license at any town or city clerk's office. Both parties must appear in person with valid identification (driver's license, passport, etc.) and provide their birth certificates. The license fee is typically $50. There is no waiting period in New Hampshire, and the license is valid for 90 days from the date of issuance. | - | 30-90 days before wedding |
| Complete Marriage License Application | Fill out the marriage license application with accurate personal information including full legal names, dates of birth, places of birth, social security numbers, and current addresses. You'll also need information about previous marriages if applicable, including how and when they were terminated. | Marriage License Application | 30-90 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In New Hampshire, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with an attorney to ensure the agreement meets all legal requirements and will be enforceable. | Prenuptial Agreement | 60-90 days before wedding |
| Plan for Name Change (if applicable) | If either spouse plans to change their name after marriage, prepare the necessary documentation. In New Hampshire, you can use your marriage certificate as proof of name change for Social Security, DMV, passport, and other accounts. For some entities, you may need to complete specific forms. | Name Change Application | 30 days before wedding |
| Update or Create a Will | Marriage automatically revokes a previously existing will in New Hampshire unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired. In New Hampshire, a valid will must be in writing, signed by the testator, and witnessed by two competent individuals. | Updated Will | 30 days after wedding |
| Create Healthcare Power of Attorney | Designate your spouse or another trusted individual to make healthcare decisions on your behalf if you become incapacitated. In New Hampshire, this document must be signed in the presence of two witnesses or a notary public. The witnesses cannot be the person you're appointing as your agent, your healthcare provider, or employees of your healthcare provider. | Healthcare Power of Attorney | 45 days after wedding |
| Establish Durable Power of Attorney | Create a durable power of attorney to authorize your spouse or another trusted person to handle financial and legal matters if you become unable to do so. In New Hampshire, this document must be signed before a notary public or justice of the peace to be legally valid. | Durable Power of Attorney | 45 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in New Hampshire, so you must update them manually to include your spouse if desired. | Beneficiary Designation Forms | 60 days after wedding |
| Consider Joint Banking | Decide whether to maintain separate accounts or establish joint accounts. If choosing joint accounts, visit your financial institution together with identification and your marriage certificate to complete the necessary paperwork. | Joint Bank Account Application | 60 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In New Hampshire, you typically have 30 days from your wedding date to make these changes. Contact your health insurance provider or employer's HR department to obtain and complete the necessary forms. | Health Insurance Coverage Change Form | 30 days after wedding |
| Update Tax Filing Status | Research whether filing jointly or separately will be more beneficial for your tax situation. If you're married as of December 31, you'll be considered married for the entire tax year. Consider consulting with a tax professional to understand the implications for your specific financial situation. | - | 90 days after wedding |
| Update Social Security Information (if name change) | If either spouse changed their name, visit the Social Security Administration with your marriage certificate and identification to update your Social Security record. This should be done before updating your driver's license. | - | 30 days after wedding |
| Update Driver's License and Vehicle Registration (if name change) | After updating your Social Security information, visit the New Hampshire Division of Motor Vehicles with your marriage certificate, current license, and proof of residency to update your driver's license and vehicle registration with your new name. | - | 45 days after wedding |
Frequently Asked Questions
In New Hampshire, both parties must be 18 years or older (those 16-17 can marry with parental consent and court approval). You'll need to obtain a marriage license from any town or city clerk in New Hampshire, which requires both parties to appear in person with valid photo ID and proof of age. The license is valid for 90 days, and there is no waiting period after receiving it. You'll also need to have your marriage solemnized by an authorized person such as a justice of the peace, minister, or clergy member.
No, New Hampshire does not require blood tests for marriage licenses. This requirement was eliminated years ago, making the process more straightforward. You only need to provide proper identification and complete the marriage license application.
Yes, same-sex marriage has been legal in New Hampshire since January 1, 2010. Same-sex couples have the same marriage rights and follow the same procedures as opposite-sex couples when applying for a marriage license.
A marriage license in New Hampshire typically costs $50. This fee is paid directly to the town or city clerk when you apply for your license. Some municipalities may have slightly different fees, so it's a good idea to check with the specific clerk's office where you plan to apply.
No, you do not need to be a resident of New Hampshire to get married in the state. Non-residents can obtain a marriage license from any town or city clerk in New Hampshire by following the same procedures as residents.
When applying for a marriage license in New Hampshire, both parties must bring: 1) Valid photo identification (driver's license, passport, etc.), 2) Proof of age, 3) Social Security numbers (if you have one), and 4) If previously married, certified copies of death certificates or divorce decrees showing how previous marriages ended.
No, New Hampshire does not require couples to undergo premarital counseling before getting married. This is a personal choice that couples can make, but it is not a legal requirement for obtaining a marriage license in the state.
After marriage in New Hampshire, either spouse may legally change their last name to their partner's last name, keep their original name, hyphenate both names, or create a new combined name. Your marriage certificate serves as legal proof for changing your name with the Social Security Administration, DMV, and other institutions. You'll need to update your Social Security card first, then your driver's license, and then other documents and accounts.
In New Hampshire, weddings can be officiated by: 1) Justices of the peace, 2) Ordained ministers, priests, rabbis, or clergy who are residents of New Hampshire, 3) Non-resident clergy who have obtained a special license from the Secretary of State, 4) Judges (current or retired), and 5) Certain elected officials. Additionally, New Hampshire allows for temporary authorization for a friend or family member to perform a single ceremony through the Secretary of State's office.
New Hampshire recognizes prenuptial agreements (also called premarital agreements) as legally binding contracts. For a prenup to be valid in New Hampshire, it must be in writing, signed by both parties, entered into voluntarily, and include full financial disclosure. It's strongly recommended that each party have independent legal counsel review the agreement before signing. The agreement becomes effective upon marriage and can address property division, spousal support, and other financial matters in case of divorce, but cannot determine child custody or support issues.