Getting married is an important moment, and some couples want someone close to the family to perform the ceremony. In Florida, this can be possible when that person is a commissioned Florida notary public. Florida is one of the states where notaries have legal authority to solemnize marriages. This raises an important question for families: can a Florida notary perform a marriage ceremony for a family member?
The short answer is yes. Florida law allows a notary public to solemnize a marriage even when one or both people getting married are related to the notary. The Florida Attorney General addressed this issue in Opinion 91-70 and explained that the rule against notarizing certain family members does not prevent a notary from performing a marriage ceremony for a relative.
It is important to understand the difference between a marriage ceremony and a regular notarization. A Florida notary cannot notarize a signature on a document when the signer is the notary’s spouse, son, daughter, mother, or father. However, performing a marriage is a separate duty. Couples who need help with documents connected to family matters may also look into Family Law Notarization in Palmetto FL when an unrelated notary is needed for eligible documents.
What Does Florida Law Say About Notaries and Marriage?
Florida Statutes Section 117.045 specifically states that a notary public is authorized to solemnize the rites of matrimony. Florida Statute 741.07 also lists Florida notaries among the people who may legally perform marriage ceremonies. This means a properly commissioned Florida notary can act as a wedding officiant when the legal requirements for the marriage are met.
The family relationship does not, by itself, remove this authority. For example, a notary may be able to perform the wedding ceremony of a sibling, child, parent, or another relative. The key point is that the notary is performing and certifying the marriage ceremony rather than notarizing the relative’s signature in the usual sense. Florida’s Attorney General reached this conclusion when considering whether the family-member restriction applied to marriage ceremonies.
Why Is a Marriage Ceremony Different From Notarizing a Document?
This distinction can be confusing. A normal notarization involves a notary witnessing or certifying a person’s signature, acknowledgment, or oath. Florida has specific restrictions on notarizing certain immediate family members’ signatures. These rules are designed to help prevent conflicts and protect the proper use of a notary commission.
A marriage ceremony works differently. The notary is not simply witnessing the bride’s or groom’s signature as a standard notarial act. Instead, the notary is legally solemnizing the marriage and then completing the required certification on the marriage license. Because of this difference, Florida’s restriction on notarizing certain relatives does not automatically stop the notary from performing the wedding.
A Practical Option for Families
For families who want a personal wedding ceremony, having a relative serve as the officiant can make the occasion more meaningful. It can also allow the couple to have someone they already trust lead the ceremony. Florida county clerk guidance confirms that a Florida notary may perform a marriage ceremony for a family member.
For people who need additional notary assistance in Florida, EZ Notary Services LLC is one business that families may consider when they need professional help with eligible notarization needs. Its services can be useful when important family, legal, or personal documents require a notary who understands the basic rules surrounding Florida notarization. Keeping the ceremony and document notarization requirements separate can help families avoid confusion.
Does the Couple Need a Marriage License?
Yes. A Florida notary cannot simply perform a wedding without the required marriage license. The couple must obtain a valid Florida marriage license before the ceremony. The license is issued by a Florida clerk of the circuit court, and the ceremony must be performed according to Florida law.
The couple should check the requirements of the clerk’s office where they plan to obtain the license. Depending on their circumstances, there may be identification requirements, waiting-period rules, or other conditions that need to be handled before the wedding. Some couples may qualify for an exception to a waiting period, while others may need to wait before the license can be used.
Having the correct license available before the ceremony is one of the most important steps. A notary who agrees to perform the ceremony should make sure the license is properly issued and available for completion.
What Happens After the Ceremony?
The work does not necessarily end when the vows are completed. The person who performs the ceremony has responsibilities involving the marriage license. Florida county guidance states that the notary or other authorized officiant must properly complete the license and return it to the appropriate clerk within the required period.
This paperwork matters because the marriage license provides the official record of the marriage. Couples should make sure the officiant understands what must be completed and where the license needs to be returned. A small paperwork mistake can create delays when the couple later needs an official copy of the marriage record.
Can Any Family Member Perform the Wedding?
No. Being a family member does not automatically give someone the legal authority to perform a Florida wedding. The person must already belong to a category authorized by Florida law. A Florida notary public is one such authorized person. A relative who is not a Florida notary or another legally authorized officiant cannot simply perform the ceremony because they are a family member.
This is an important difference. The law permits a qualified notary who happens to be a relative to perform the ceremony. It does not give every family member the power to officiate.
What Should the Notary Keep in Mind?
A notary who plans to perform a family member’s wedding should still take the responsibility seriously. The notary should confirm that the marriage license is valid, follow Florida’s rules for solemnizing the ceremony, and complete the required information accurately.
It is also wise to avoid treating the wedding as an ordinary document notarization. The legal authority comes from Florida’s marriage and notary laws, and the notary should understand the difference between the two duties. When there is uncertainty about a particular situation, getting guidance from the appropriate clerk’s office or a qualified Florida attorney can help prevent mistakes.
Final Thoughts
A Florida notary can perform a marriage ceremony for a family member. Florida law specifically gives notaries the authority to solemnize marriages, and the restriction on notarizing certain relatives’ signatures does not prevent a notary from performing a relative’s wedding ceremony.
The couple still needs to meet Florida’s marriage requirements, obtain the proper license, complete the ceremony correctly, and make sure the marriage license is returned as required. If the same family also needs separate documents notarized, those services should be treated as a different matter and handled according to Florida’s rules.
For couples or families seeking reliable local assistance with document-related needs, EZ Notary Services LLC can be a practical option to consider for eligible notary services. The important thing is to choose a notary who understands the rules, handles documents carefully, and knows when a marriage ceremony is different from a standard notarization. For families looking for Family Law Notarization in Palmetto FL, using a professional notary can also help make the document process clearer and easier to manage.
