At 406 Proxy, we get asked this a lot: “…is a double proxy marriage legal in (choose state or country)…” The answer is yes, but only double proxy marriages performed in Montana for a Montana resident or active duty military member. In case you were curious, here is the Montana law, Title 40, Chapter 1, Part 3
A Montana double proxy marriage is legal, here’s the law and the rules:
Montana law 40-1-201 states that for two people to be married by proxy, the bride or groom must be either a Montana resident or an active duty service member. Either party can be located anywhere in the world. But wait, there’s more information about who can be married by proxy:
- Active duty member example: If the bride is stationed in Frankfurt, Germany, and the groom is living in Ft Hood, Texas. Or, maybe the groom/or bride is living in Okinawa, Japan or anywhere else in the world, yes they can be married by proxy. This is an armed forces proxy wedding by example. It’s that simple.
- Montana resident example: If the groom or bride is in the UK, and the bride or groom is in Iceland, as long as one party is a Montana resident (with Montana state ID, or other government ID showing proof of being a Montana resident), then yes, they can use a proxy marriage wedding service.
- Bride and or groom must be 18 years of age or older… or
- Bride and or groom is 16 or 17 years of age, who has no parent able to consent, or has consent of both parents 40-1-203
- Bride and or groom cannot be married by proxy (or married for that matter) if found to be under the influence of drugs or alcohol. 40-1-210
Montana Proxy Marriage Law
Montana Code Annotated 2021 40-1-301
TITLE 40. FAMILY LAW
CHAPTER 1. MARRIAGE
Part 3. Solemnization
Solemnization And Registration
40-1-301. Solemnization and registration.
- A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a notary public authorized pursuant to 1-5-630, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.
- If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
- The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it if either party to the marriage believed that person to be qualified.
- One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215.
|Montana Code Annotated 2021 40-1-202|
|TITLE 40. FAMILY LAW|
|CHAPTER 1. MARRIAGE|
|Part 2. License Provisions|
|40-1-202. License issuance. Except as provided in 40-1-301, when a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the clerk of the district court and paid the marriage license fee of $53, the clerk of the district court shall issue a license to marry and a marriage certificate form upon being furnished:
Conclusion of Proxy Marriage Laws
You can be married by proxy using a licensed legal proxy marriage. Again, the rules are simple. The groom or bride is either a Montana resident or a member of the military and must be active duty. Here are the complete laws in the Montana Code Annotated 2020 Titled: Family Law, Chapter 1: Marriage, Part 2: License Provisions