The Definition of Proxy Marriage
In general, proxy marriage is not permitted in most jurisdictions in the United States. Both parties must be physically present and proxy marriages are not recognized as legally binding. However, there are some exceptions. Texas, Colorado, Kansas, and Montana all allow proxy marriages, although Montana is the only state to allow double proxy marriages. A marriage by proxy entered into in one State that legally permits such marriages will most likely be fully recognized in other States. Some states will recognize marriage as a de facto marriage. The exception would be the state of Iowa, where proxy marriages are not recognized at all. Proxy marriage is widely considered an invalid type of marriage. In 1924, a federal court recognized the proxy marriage of a man residing in Portugal, where proxy marriages were recognized at the time, and a resident of Pennsylvania, where common-law marriages could be contracted at the time.
[18] The Portuguese woman was allowed to immigrate to the United States because of marriage, when otherwise she would have been inadmissible as illiterate. [18] In Colorado, if a party to a marriage is unable to attend the solemnization, it may authorize a third party in writing to act as an agent for that party. If the person solemnizing the marriage is satisfied that the absent party cannot be present and has consented to the marriage, he or she may solemnize the marriage through an agent. If this person is not satisfied, the parties may apply to the District Court for an order for the solemnization of the marriage by proxy. He was the son of the Duke of Nassau. 14-2-109] As of 2015, various websites offer proxy and double proxy weddings for a fee, although the service can usually be set up by any lawyer in a jurisdiction that offers a proxy marriage. Videoconferencing allows couples to experience the ceremony together. [10] A unique «space wedding» took place on August 10, 2003, when Ekaterina Dmitriev, a U.S. citizen living in the U.S.
state of Texas where the ceremony took place, married Yuri Malenchenko, a cosmonaut orbiting the Earth on the International Space Station, on her behalf. [11] Catholic canon law permits marriage by proxy, but requires officials to obtain permission from the local ordinary before proceeding. [23] As mentioned earlier, before contracting a proxy marriage, you should check local and state laws to ensure that the marriage is considered legal, especially for immigration purposes. There are still states that require marriages to be personal in order for them to be legal. An experienced and local immigration attorney can help you determine which visa you need to apply for based on the qualification criteria. They can help you prove the validity of your marriage if this is questioned, and can tell you what documents you should gather. If there is a problem, your immigration lawyer will represent you in court if necessary. Colorado allows proxy marriages if one of the parties is a member of the U.S. Armed Forces or a government contractor stationed in another country to support a military operation. As with Montana, one of the parties to the marriage must be a Colorado resident. Finally, you must use the Colorado Power of Attorney form.
Proxy marriages are legal marriages for couples who have circumstances that may prevent them from attending their wedding. S&B Professional Services offers proxy marriages for double and single weddings in Kansas and Montana. Due to the COVID-19 pandemic, there have been many situations where people have not been able to return home freely. The inability to return home was largely due to travel restrictions put in place by various countries to prevent the spread of COVID-19. Another restriction introduced by many sites was mandatory quarantine. Due to COVID-19, many soldiers who had planned to return home for their wedding ceremony were unable to do so. For this reason, a large number of military personnel have considered marriage by proxy. In some cases, two members of a future union want to marry, but are physically unable to do so.
In these cases, a proxy marriage may be appropriate. This type of marriage can occur when one or both parties to a wedding are not present at the ceremony itself. How does it work and when is it appropriate? An affidavit could be stronger if both parties could declare the union to be a continuation of an existing relationship.
