Getting Married in Utah: Legal Requirements and Process
Getting married in Utah requires obtaining a marriage license from a county clerk's office, which is valid for 30 days after issuance. Utah does not have a waiting period after receiving your license, but both parties must be at least 18 years old (or 16-17 with parental consent) and present valid identification.
Marriage licenses in Utah are only valid for 30 days, so timing is crucial when planning your wedding. Additionally, Utah recognizes both religious and civil ceremonies, but the officiant must be authorized under state law to solemnize marriages.
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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
Utah Marriage License Requirements
In Utah, both parties must appear in person at a county clerk's office to apply for a marriage license. You'll need valid identification (driver's license, passport, or state ID), and the license fee varies by county (typically $30-$50). The marriage license is valid for 30 days after issuance.
Utah Marriage Age Requirements
In Utah, the minimum age to marry is 18. However, 16 and 17-year-olds may marry with parental/guardian consent. As of May 2019, marriages under age 16 are prohibited, which closed previous loopholes allowing younger marriages with judicial approval.
Utah Marriage Ceremony Requirements
Utah marriages may be solemnized by various officials including clergy, judges, county clerks, mayors, and Native American spiritual advisors. The state also allows anyone to become temporarily authorized to perform a specific marriage. The ceremony must include a declaration by both parties that they take each other as husband and wife.
Utah Name Change After Marriage
While not required, if you wish to change your name after marriage in Utah, you'll need your certified marriage certificate to update your Social Security card first, then your driver's license, passport, and other documents. There is no deadline for name changes after marriage.
Utah Covenant Marriage Option
Utah offers couples the option of a covenant marriage, which requires premarital counseling and makes divorce more difficult to obtain. This is a voluntary option that couples can choose when applying for their marriage license if they want additional legal commitment.
Regional Variances
Northern Utah
Salt Lake County requires couples to apply for a marriage license in person at the County Clerk's Office. Both parties must be present with valid photo ID. The marriage license fee is $50, and there is no waiting period. The license is valid for 30 days after issuance. Salt Lake County also offers a dedicated Marriage License Bureau with extended hours compared to some other counties.
Davis County requires both parties to appear in person at the Clerk/Auditor's office with valid government-issued photo ID. The marriage license fee is $50 (cash or credit card). There is no waiting period, and the license is valid for 30 days. Davis County does not require blood tests or premarital counseling.
Weber County requires couples to apply in person at the County Clerk's Office. The fee is $50, and both applicants must present valid photo ID. The license is valid for 30 days, and there is no waiting period. Weber County offers online pre-application to expedite the in-person process.
Central Utah
Utah County requires both parties to appear in person at the County Clerk's Office with valid photo ID. The marriage license fee is $50. Utah County is notable for offering an online pre-application system that can significantly reduce wait time at the office. The license is valid for 30 days, and there is no waiting period.
Wasatch County requires couples to apply in person at the County Clerk's Office. Both applicants must present valid government-issued photo ID. The fee is $50, and the license is valid for 30 days. Wasatch County has more limited office hours than larger counties, so checking their schedule in advance is recommended.
Southern Utah
Washington County requires both parties to appear in person at the County Clerk's Office with valid photo ID. The marriage license fee is $40, which is lower than many other Utah counties. The license is valid for 30 days after issuance. Washington County is a popular destination wedding location due to its proximity to Zion National Park and other scenic areas.
Iron County requires couples to apply in person at the County Clerk's Office. Both applicants must present valid government-issued photo ID. The fee is $30, which is among the lowest in Utah. The license is valid for 30 days, and there is no waiting period. Iron County is known for its efficient processing of marriage licenses.
Eastern Utah
Grand County requires both parties to apply in person at the County Clerk's Office with valid photo ID. The marriage license fee is $30. The license is valid for 30 days after issuance. Grand County is a popular wedding destination due to its proximity to Arches and Canyonlands National Parks, and the clerk's office is experienced in helping out-of-state couples navigate the process.
Uintah County requires couples to apply in person at the County Clerk's Office. Both applicants must present valid government-issued photo ID. The fee is $50, and the license is valid for 30 days. Uintah County has more limited office hours, so calling ahead is recommended.
Suggested Compliance Checklist
Apply for a Marriage License
30 days before wedding days after startingIn Utah, both parties must appear in person at any county clerk's office to apply for a marriage license. You'll need to bring valid government-issued photo ID (driver's license, passport, etc.) and your Social Security number. The fee varies by county but is typically $30-$50. Utah marriage licenses are valid for 30 days from the date of issuance and can be used anywhere in the state regardless of which county issued it.
Consider a Prenuptial Agreement
60 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Utah, prenuptial agreements must be in writing, signed by both parties, and executed before the marriage. For the agreement to be enforceable, there must be full financial disclosure, no coercion, and ideally each party should have independent legal counsel. Consider whether this is appropriate for your situation based on assets, debts, business interests, or inheritance expectations.
Plan for Name Change (if applicable)
30 days after wedding days after startingIf either spouse plans to change their name after marriage, you'll need to complete this process. In Utah, you can use your marriage certificate as proof of name change with the Social Security Administration, DMV, and other institutions. Start with Social Security, then update your driver's license, passport, and other documents. For name changes beyond taking a spouse's surname, you may need to file a formal name change petition with the court.
Update or Create a Will
60 days after wedding days after startingMarriage is a significant life event that necessitates updating your estate plan. In Utah, a valid will must be in writing, signed by the testator (you), and witnessed by two competent individuals. Without a will, Utah intestacy laws determine how your assets are distributed, which may not align with your wishes. Your will should name an executor, guardians for minor children (if applicable), and specify how you want your assets distributed.
Create a Healthcare Power of Attorney
60 days after wedding days after startingThis document allows you to designate your spouse (or another person) to make medical decisions on your behalf if you become incapacitated. In Utah, a healthcare power of attorney must be in writing, signed by you, and either witnessed by two adults or notarized. Consider including specific instructions about life-sustaining treatments and end-of-life care. Utah law recognizes electronic signatures for these documents.
Establish a Durable Power of Attorney
60 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Utah, a durable power of attorney must be in writing, signed by you, and notarized. You can specify which powers you want to grant (e.g., banking, real estate, taxes) and when they take effect. Consider whether you want the powers to be effective immediately or only upon incapacity ('springing' power of attorney).
Update Beneficiary Designations
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Utah, beneficiary designations typically override will provisions, so it's crucial to ensure these forms reflect your current wishes. Contact each financial institution for their specific beneficiary designation forms and procedures.
Consider Joint Banking Arrangements
30 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination approach. In Utah, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. However, joint accounts expose assets to both spouses' creditors. Consider your financial management style and preferences when making this decision.
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 a family plan. In Utah, you typically have 30-60 days after marriage to make these changes outside of the regular open enrollment period. Contact your health insurance provider or employer's HR department to understand the specific process and documentation required.
Research Tax Implications
90 days after wedding days after startingMarriage affects your tax filing status and potentially your tax liability. In Utah, you'll need to file state taxes as married (either jointly or separately) to match your federal filing status. Consider consulting with a tax professional to understand whether filing jointly or separately is more advantageous based on your incomes, deductions, and credits. Update your W-4 withholding with employers if necessary.
Update Address and Emergency Contact Information
30 days after wedding days after startingIf you're moving in together or changing addresses, update your address with USPS, DMV, voter registration, banks, credit cards, insurance providers, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to list your spouse.
Review and Adjust Property Titles
90 days after wedding days after startingFor real estate and vehicles, decide how you want to title the property. In Utah, married couples can hold property as joint tenants with rights of survivorship (property automatically transfers to surviving spouse) or as tenants in common (each spouse's share passes according to their will). For property owned before marriage, consider whether to add your spouse to the title, which may have tax and liability implications.
Task | Description | Document | Days after starting |
---|---|---|---|
Apply for a Marriage License | In Utah, both parties must appear in person at any county clerk's office to apply for a marriage license. You'll need to bring valid government-issued photo ID (driver's license, passport, etc.) and your Social Security number. The fee varies by county but is typically $30-$50. Utah marriage licenses are valid for 30 days from the date of issuance and can be used anywhere in the state regardless of which county issued it. | - | 30 days before wedding |
Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Utah, prenuptial agreements must be in writing, signed by both parties, and executed before the marriage. For the agreement to be enforceable, there must be full financial disclosure, no coercion, and ideally each party should have independent legal counsel. Consider whether this is appropriate for your situation based on assets, debts, business interests, or inheritance expectations. | Prenuptial Agreement | 60 days before wedding |
Plan for Name Change (if applicable) | If either spouse plans to change their name after marriage, you'll need to complete this process. In Utah, you can use your marriage certificate as proof of name change with the Social Security Administration, DMV, and other institutions. Start with Social Security, then update your driver's license, passport, and other documents. For name changes beyond taking a spouse's surname, you may need to file a formal name change petition with the court. | Name Change Application | 30 days after wedding |
Update or Create a Will | Marriage is a significant life event that necessitates updating your estate plan. In Utah, a valid will must be in writing, signed by the testator (you), and witnessed by two competent individuals. Without a will, Utah intestacy laws determine how your assets are distributed, which may not align with your wishes. Your will should name an executor, guardians for minor children (if applicable), and specify how you want your assets distributed. | Updated Will | 60 days after wedding |
Create a Healthcare Power of Attorney | This document allows you to designate your spouse (or another person) to make medical decisions on your behalf if you become incapacitated. In Utah, a healthcare power of attorney must be in writing, signed by you, and either witnessed by two adults or notarized. Consider including specific instructions about life-sustaining treatments and end-of-life care. Utah law recognizes electronic signatures for these documents. | Healthcare Power of Attorney | 60 days after wedding |
Establish a Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Utah, a durable power of attorney must be in writing, signed by you, and notarized. You can specify which powers you want to grant (e.g., banking, real estate, taxes) and when they take effect. Consider whether you want the powers to be effective immediately or only upon incapacity ('springing' power of attorney). | Durable Power of Attorney | 60 days after wedding |
Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Utah, beneficiary designations typically override will provisions, so it's crucial to ensure these forms reflect your current wishes. Contact each financial institution for their specific beneficiary designation forms and procedures. | Beneficiary Designation Forms | 30 days after wedding |
Consider Joint Banking Arrangements | Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. In Utah, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate. However, joint accounts expose assets to both spouses' creditors. Consider your financial management style and preferences when making this decision. | Joint Bank Account Application | 30 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 a family plan. In Utah, you typically have 30-60 days after marriage to make these changes outside of the regular open enrollment period. Contact your health insurance provider or employer's HR department to understand the specific process and documentation required. | Health Insurance Coverage Change Form | 30 days after wedding |
Research Tax Implications | Marriage affects your tax filing status and potentially your tax liability. In Utah, you'll need to file state taxes as married (either jointly or separately) to match your federal filing status. Consider consulting with a tax professional to understand whether filing jointly or separately is more advantageous based on your incomes, deductions, and credits. Update your W-4 withholding with employers if necessary. | - | 90 days after wedding |
Update Address and Emergency Contact Information | If you're moving in together or changing addresses, update your address with USPS, DMV, voter registration, banks, credit cards, insurance providers, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to list your spouse. | - | 30 days after wedding |
Review and Adjust Property Titles | For real estate and vehicles, decide how you want to title the property. In Utah, married couples can hold property as joint tenants with rights of survivorship (property automatically transfers to surviving spouse) or as tenants in common (each spouse's share passes according to their will). For property owned before marriage, consider whether to add your spouse to the title, which may have tax and liability implications. | - | 90 days after wedding |
Frequently Asked Questions
In Utah, both parties must be at least 18 years old (or 16-17 with parental consent). You'll need to apply for a marriage license at any county clerk's office in Utah, which requires both parties to appear in person with valid photo ID. The license fee varies by county (typically $30-$50). No blood tests are required. The license is valid for 30 days after issuance and must be returned to the county clerk after the ceremony.
Utah recognizes marriages performed by ordained ministers, priests, or rabbis of any religious denomination, Native American spiritual advisors, judges, court commissioners, or justices of the peace. The person performing the ceremony must be authorized to do so under Utah law. Additionally, the marriage must be witnessed by at least two people who are at least 18 years old.
No, Utah does not require blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide proper identification and complete the marriage license application at the county clerk's office.
Utah does not have a mandatory waiting period between obtaining your marriage license and having your ceremony. You can get married the same day you receive your license if you wish. However, the license is only valid for 30 days from the date of issuance, so your ceremony must take place within that timeframe.
Yes, Utah is one of the few states that recognizes common law marriages. To establish a common law marriage in Utah, couples must: 1) be legally capable of entering a marriage (both 18+ and not married to someone else), 2) cohabitate, 3) mutually assume marital rights and duties, and 4) hold themselves out as married or have a reputation as married. A court must validate the common law marriage either during the relationship or within one year after its termination.
Utah is an equitable distribution state, not a community property state. This means that property acquired during marriage is not automatically considered jointly owned 50/50. However, in the event of divorce, courts will divide marital property in a way deemed fair, though not necessarily equal. If you have significant assets, you may want to consider a prenuptial agreement to clearly define property rights before marriage.
Yes, you can change your name after marriage in Utah. Your marriage certificate serves as the legal document needed to change 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. There's no requirement to change your name, and either spouse may take the other's last name.
No, Utah does not have any residency requirements for marriage. Non-residents can obtain a marriage license and get married in Utah without establishing residency. This makes Utah a popular destination wedding location, especially near scenic areas like Park City or the national parks.
When applying for a marriage license in Utah, both parties must bring: 1) Valid government-issued photo ID (driver's license, passport, or state ID), 2) Social Security numbers (you don't need the physical card), 3) Payment for the license fee (varies by county, typically $30-$50, cash is often preferred), and 4) If previously married, proof of how the marriage ended (divorce decree or death certificate) may be required in some counties.
Yes, prenuptial agreements are legal and enforceable in Utah if properly executed. For a prenup to be valid in Utah, it must be: 1) in writing, 2) signed by both parties voluntarily, 3) made with full financial disclosure, 4) not unconscionable when signed, and 5) executed before the marriage. It's highly recommended that each party have their own attorney review the agreement before signing. Utah courts generally uphold prenuptial agreements unless there's evidence of fraud, duress, or unfairness in the process.