25.05.011 Civil contract
(a) Marriage is a civil contract entered into by one man and one
woman that requires both a license and solemnization. The man and the
woman must each be at least one of the following:
(1) 18 years of age or older and otherwise capable;
(2) qualified for a license under AS 25.05.171 ; or
(3) a member of the armed forces of the United States while on active duty.
(b) A person may not be joined in marriage in this state until a license
has been obtained for that purpose as provided in this chapter. A
marriage performed in this state is not valid without solemnization as
provided in this chapter.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 1: Requirements for Marriage
25.05.013 Same-sex marriages
(a) A marriage entered into by persons of the same sex, either
under common law or under statute, that is recognized by another state
or foreign jurisdiction is void in this state, and contractual rights
granted by virtue of the marriage, including its termination, are
unenforceable in this state.
(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 1: Requirements for Marriage
25.05.021 Prohibited marriages
Marriage is prohibited and void if performed when
(1) either party to the proposed marriage has a husband or wife living; or
(2) the parties to the proposed marriage are more closely related to
each other than the fourth degree of consanguinity, whether of the whole
or half blood, computed according to rules of the civil law.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 1: Requirements for Marriage
25.05.031 Voidable marriages
If either party to a marriage is incapable of consenting to it at
the time of the marriage for want of marriageable age of consent or
sufficient understanding, or if the consent of either party is obtained
by force or fraud, or if either party fails to consummate the marriage,
the marriage is voidable but only at the suit of the party under the
disability or upon whom the force or fraud is imposed.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 1: Requirements for Marriage
25.05.041 Matters insufficient to render marriage voidable
(a) If a marriage is in other respects lawful and is consummated
with the full belief on the part of the persons married, or either of
them, that they have been lawfully joined in marriage, then the marriage
is not voidable for any of the following reasons:
(1) the licensing officer did not have jurisdiction to issue the license;
(2) there was an omission, informality, or irregularity of form in the application for the license or in the license itself;
(3) either or both witnesses to the marriage were incompetent;
(4) the marriage was solemnized after the expiration date of the license;
(5) there were no witnesses to the marriage if the valid license was
issued and if the solemnization of the marriage can be otherwise proven.
(b) If a license has been issued and the marriage solemnized as provided
in this chapter and the parties to it have immediately thereafter
assumed the habit and repute of husband and wife and have continued to
cohabit as husband and wife for one year or until the death of either of
them, the marriage shall not be void or voidable solely on the ground
the license cannot be produced.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 1: Requirements for Marriage
25.05.051 Effect of existing former marriage
If, during the lifetime of a husband or wife with whom a marriage
is still in force, a person remarries and the parties to the subsequent
marriage live together as husband and wife, and one of the parties to
the subsequent marriage believes in good faith that the former husband
or wife is dead or that the former marriage has been annulled or
dissolved by a divorce or is without knowledge of the former marriage,
then after the death or divorce of the other party to the former
marriage, if they continue to live together as husband and wife in good
faith on the part of one of them, they are legally married from the time
of removal of the impediment, and the issue of the subsequent marriage
are the legitimate issue of both parents, whether born before or after
the removal of the impediment.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 1: Requirements for Marriage
25.05.061 Marriage without license
A marriage contracted after January 1, 1964, is void unless a
license has first been obtained as provided in this chapter. If the
parties to a marriage void for failure to obtain a license validate the
marriage by complying with the requirements of this chapter, the issue
of the void marriage are legitimate.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 1: Requirements for Marriage
25.05.071 Persons to issue license
A licensing officer is the only official who may issue marriage licenses under this chapter.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 2: Licensing Officers
25.05.081 Marriage commissioners
The presiding judge in each judicial district may, if the public
interest requires, appoint one or more suitable persons as marriage
commissioners. The presiding judge shall describe the marriage
commissioner's area of jurisdiction in the order of appointment. A
marriage commissioner may, within that jurisdiction, solemnize marriages
in the same manner as a district judge or magistrate and may exercise
any power, other than the power to issue marriage licenses, necessarily
incident to the duties of a marriage commissioner. The clerk of court
shall issue to the marriage commissioner a certified copy of the order
of appointment and send a copy of it to the bureau.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 2: Licensing Officers
25.05.091 Application for license; disclosure for child support purposes
(a) One of the contracting parties to a prospective marriage
shall, at least three days before the time of issuance, file with the
licensing officer written, verbal, or telegraphic application for a
license. Before issuance of the license, each contracting party shall
make a statement under oath that the contemplated marriage meets the
requirements of law, giving the names, relationship if any, residence,
occupation, and age of each party; naming guardians of any party under
the legal age for marriage; and describing any prior marriage of either
party, and the manner of dissolution of it. This statement may be made
and executed before a notary public or postmaster who shall certify it
to the licensing officer.
(b) In addition to the requirements of (a) of this section, each
contracting party to the prospective marriage shall provide to the
licensing officer the party's social security number, if any. Upon
request, the licensing officer shall provide a social security number
provided under this subsection to the child support services agency
created in AS 25.27.010 , or the child support enforcement agency of
another state, for child support purposes authorized under law.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 3: Procedure to Obtain a
License
25.05.111 Issuance of license
(a) A marriage license may not be issued unless both of the
contracting parties are identified to the satisfaction of the licensing
officer. If all requirements have been met, and there is no legal
objection to the contemplated marriage, and neither party is under the
influence of intoxicating liquor or otherwise incapable of understanding
the seriousness of the proceeding, the licensing officer shall issue a
license.
(b) With a license issued under (a) of this section, the licensing
officer shall also give to the parties written information about fetal
alcohol effects and the fetal health effects of chemical abuse and
battering during pregnancy. The Department of Health and Social Services
shall prepare or obtain this information and submit it in distributable
form to each licensing officer in the state.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 3: Procedure to Obtain a
License
25.05.121 Marriage license
The marriage license issued by a licensing officer in this state
authorizes the marriage ceremony to be performed anywhere in the state.
The license shall be directed "to any person authorized by the laws of
this state to solemnize marriage," and shall authorize that person to
solemnize marriage between the parties identified by the license within
three months of the date of the license. If either party is not of legal
age for marriage, that party's age and the fact of the consent of the
parents or guardian of the underaged party shall be stated. If either
party has previously been married, the number of previous marriages
shall be stated. The registrar may require other matter necessary to
identify the parties to be included in the license. The issuance of a
license does not remove or dispense with any legal disability,
impediment, or prohibition rendering marriage between the parties
illegal, and a statement to that effect shall be included in the
license.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 3: Procedure to Obtain a
License
25.05.161 Waiver of waiting period
If a three-day waiting period would result in undue hardship or
delay in an individual case, the licensing officer may waive the
three-day requirement.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 3: Procedure to Obtain a
License
25.05.171 Persons capable of consenting to marriage: Minimum ages, and consent of parents or guardian
(a) A person who has reached the age of 16 but is under the age of
18 shall be issued a marriage license if the written consent of the
parents, the parent having actual care, custody, and control, or a
guardian of the underaged person is filed with the licensing officer
issuing the marriage license under AS 25.05.111 .
(b) A superior court judge may grant permission for a person who has
reached the age of 14 but is under the age of 18 to marry and may order
the licensing officer to issue the license if the judge finds, following
a hearing at which the parents and minor are given the opportunity to
appear and be heard, that the marriage is in the best interest of the
minor and that either
(1) the parents have given their consent; or
(2) the parents are
(A) arbitrarily and capriciously withholding consent;
(B) absent or otherwise unaccountable;
(C) in disagreement among themselves on the question; or
(D) unfit to decide the matter.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 3: Procedure to Obtain a
License
25.05.191 Marriage license application
A licensing officer shall make available an application for a
marriage license for completion by the parties who wish to be married.
The officer shall keep the completed applications, a record of licenses
issued, and all other information that the officer is required by law to
obtain. These records shall be kept in the office of the licensing
officer and shall be open for public inspection or examination during
normal office hours.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 4: Forms, Records, and Reports
25.05.221 Forms
(a) Forms for application, statements, consent of parents,
affidavits, licenses, and other forms necessary to comply with this
chapter shall be prescribed by the registrar and provided at the expense
of the state. The registrar shall furnish all necessary forms to each
licensing officer.
(b) The registrar shall supervise the record work and required reporting of the licensing officers.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 4: Forms, Records, and Reports
25.05.231 Reports of licenses issued
The registrar may require reports of licenses issued upon forms to be furnished by the registrar
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 4: Forms, Records, and Reports
25.05.241 Fees
The registrar shall establish marriage license fees and provide for accounting for and disposing of the fees.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 4: Forms, Records, and Reports
25.05.251 Relationship to Vital Statistics Act
Nothing in this chapter repeals or abrogates any part of AS 18.50
(Vital Statistics Act). The records and requirements leading up to and
including the issuance of the marriage license are included in the
definition of "vital statistics" under AS 18.50. The registrar shall
supply the necessary forms and instructions for the licensing officers.
Alaska Code - Title 25: Marital and Domestic Relations -
Chapter 5: Alaska Marriage Code - Article 4: Forms, Records, and Reports
25.05.271 Duty of officiating person before ceremony
The officiating person shall determine that the parties presenting
themselves to be married are the parties named in the license. If the
officiating person knows of a legal impediment to the marriage, the
officiating person may not perform the ceremony.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 5: Solemnization
25.05.281 Marriage solemnized by unauthorized person
After a license has been obtained, a marriage solemnized before a
person professing to be a minister, priest, or rabbi of a church or
congregation in the state or a judicial officer or marriage commissioner
is valid regardless of a lack of power or authority in the person, if
the marriage is consummated with a belief on the part of the persons so
married, or either of them, that they have been lawfully joined in
marriage.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 5: Solemnization
25.05.291 Civil and religious ceremonies
When a religious ceremony between two parties follows a civil
ceremony between them, one license is sufficient for both ceremonies.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 5: Solemnization
25.05.301 Form of solemnization
In the solemnization of marriage no particular form is required
except that the parties shall assent or declare in the presence of each
other and the person solemnizing the marriage and in the presence of at
least two competent witnesses that they take each other to be husband
and wife. A competent witness for this purpose is a person of sound mind
capable of understanding the seriousness of the ceremony. At the time
of the ceremony, the person solemnizing the marriage shall complete the
certification on the original marriage certificate. The person
solemnizing the marriage and the two attending witnesses shall sign the
original marriage certificate and the necessary copies.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 5: Solemnization
25.05.311 Marriage without solemnization
A marriage contracted after January 1, 1964, is void unless the
marriage has been solemnized as provided in this chapter. If the parties
to a marriage void for failure to solemnize the marriage validate the
marriage by complying with the requirements of this chapter, the issue
of the void marriage are legitimate.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 5: Solemnization
25.05.321 Certificates
The person solemnizing the marriage shall, on the forms provided
by the bureau, complete two short-form certificates, and, after that
person and the two witnesses have signed them, give one to each of the
parties to the marriage. A church or congregation may design and furnish
its own form for this purpose, containing as a minimum the items
contained in the form furnished by the bureau. The original marriage
certificate shall be filed as required by AS 18.50 (Vital Statistics
Act) and regulations adopted under it. The person solemnizing the
marriage shall complete the certificate as required and submit it to the
local registrar within seven days of the date the marriage is
solemnized.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 5: Solemnization
25.05.331 Unlawful issuance or refusal of license
A licensing officer who knowingly issues a marriage license
knowing it to be in violation of the provisions of this chapter or who
wilfully and wrongfully refuses to issue a license is guilty of a
misdemeanor, and upon conviction is punishable by imprisonment for not
more than six months, or by a fine of not more than $500, or by both.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 6: Penalties
25.05.341 Misrepresentation
A person who misrepresents a fact required to be stated on the
application for a license or a form related to it, or a licensing
officer who issues a marriage license having reason to believe that any
material fact has been misrepresented, is guilty of a misdemeanor, and
upon conviction is punishable by a fine of not more than $500.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 6: Penalties
25.05.351 Violation concerning marriage license application
A licensing officer who refuses or neglects to keep a complete
record of each application and of each marriage license issued, or who
fails to keep marriage license applications open for inspection or
examination by the public during office hours is guilty of a misdemeanor
and upon conviction is punishable by a fine of not more than $50. Each
failure, neglect, or refusal constitutes a separate offense.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 6: Penalties
25.05.361 Unlawful solemnization of marriage
A person who solemnizes a marriage without first receiving a
proper marriage license from the parties as provided in this chapter or
without the parties declaring to take each other as husband and wife, or
without requiring the presence of two competent witnesses; or who
solemnizes a marriage involving a person under the legal age of marriage
without the consent of (1) the licensing official when authorized, or
(2) the parents or guardian of the underaged person, being stated in the
license; or who solemnizes a marriage knowing of any legal impediment
thereto, or who solemnizes a marriage after the expiration of the
license, or who falsely certifies to the date of a marriage solemnized
by that person is guilty of a misdemeanor, and upon conviction is
punishable by imprisonment for not more than six months, or by a fine of
not more than $500, or by both.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 6: Penalties
25.05.371 Solemnization of marriage by unauthorized person
A person not authorized by this chapter who wilfully or knowingly
undertakes to solemnize a marriage in this state is guilty of a
misdemeanor, and upon conviction is punishable by imprisonment for not
more than one year, or by a fine of not more than $1,000, or by both.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 6: Penalties
25.05.381 Definitions
In this chapter,
(1) "bureau" means the Bureau of Vital Statistics;
(2) "department" means the Department of Health and Social Services;
(3) "licensing officer" means the registrar or a local registrar;
(4) "local registrar" means a person appointed by the state registrar under AS 18.50.080 ;
(5) "registrar" means the state registrar of vital statistics.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 7: General Provisions
25.05.391 Short title
This chapter may be cited as the Alaska Marriage Code.
Alaska Code - Title 25: Marital and Domestic Relations - Chapter 5: Alaska Marriage Code - Article 7: General Provisions
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