Marriage

Del. Code tit. 13, ch. 1

in effect

Del. Code tit. 13, § 101 Void and voidable marriages.

(a) A marriage is prohibited and void between a person and such person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin. (b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is: (1)-(5) [Repealed.] (6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph (b)(6) may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree; (7) [Repealed.] (c) [Repealed.] (d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State. (e) For all purposes of the laws of this State, 2 persons of the same gender who are parties to a legal union other than a marriage (whether designated as a civil union, a domestic partnership or another relationship) established in another jurisdiction shall be afforded and shall be subject to the same rights, benefits, protections, responsibilities, obligations and duties as are afforded and imposed upon married spouses (whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) if: (1) Such legal union was validly entered into in such other jurisdiction; (2) Such legal union would not be prohibited as a marriage by reason of subsection (a) of this section; and (3) Such legal union affords and imposes on such individuals under the laws of the jurisdiction establishing such union substantially the same rights, benefits, protections, responsibilities, obligations and duties as a marriage.

Del. Code tit. 13, § 102 Entering into a prohibited marriage; penalty.

The guilty party or parties to a marriage prohibited by § 101 of this title shall be fined $100, and in default of the payment of the fine shall be imprisoned not more than 30 days.

Del. Code tit. 13, § 103 Issuing license for or solemnizing prohibited marriage; penalty.

Whoever, being authorized to issue a marriage license, knowingly or wilfully issues a license for a marriage prohibited by this chapter or, being authorized to solemnize a marriage, knowingly or wilfully assists in the contracting or solemnizing of a prohibited marriage, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days.

Del. Code tit. 13, § 104 Entering into prohibited marriage outside the State; penalty.

If a marriage prohibited by this chapter is contracted or solemnized outside of the State, when the legal residence of either party to the marriage is in this State, and the parties thereto shall afterwards live and cohabit as spouses within the State, they shall be punished in the same manner as though the marriage had been contracted in this State.

Del. Code tit. 13, § 105 Status of children of prohibited marriages.

Children of void or voidable marriages shall be deemed to be legitimate.

Del. Code tit. 13, § 106 Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty.

(a) (1) For purposes of this subsection, “chief executive officer” means the mayor of an incorporated municipality. If an incorporated municipality does not have a mayor, then “chief executive officer” means the president of the legislative body of the incorporated municipality. If an incorporated municipality does not have a mayor or a president of the legislative body, then “chief executive officer” means the presiding officer of the legislative body of the incorporated municipality. (2) The following individuals over 18 years of age may solemnize a marriage between individuals who may lawfully enter into the matrimonial relation: a. A clergyperson or minister of any religion who resides in the State, provided such clergyperson or minister is registered with the Clerk of the Peace in the county where such clergyperson or minister resides. b. A clergyperson or minister of any religion who does not reside in the State, provided such clergyperson or minister is registered with the Clerk of the Peace in the county where the marriage ceremony is to be performed. c. A current or former judge of this State’s Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, or Justice of the Peace Court. d. A current or former federal judge or magistrate with jurisdiction over this State. e. A current or former Clerk of the Peace of a county of this State, within the county in which the Clerk holds or held that office. f. The chief executive officer of an incorporated municipality of this State, within the corporate limits of that municipality. (3) For good cause being shown, the Clerk of the Peace for the county in which a marriage is to be performed may allow by written authorization all of the following to solemnize a marriage between individuals who may lawfully enter into the matrimonial relation: a. A current or former judge of another state’s judiciary. b. A current or former federal judge or magistrate with jurisdiction over a state other than this State. c. A current Clerk of the Peace from another county within this State. (4) Marriages shall be solemnized in the presence of at least 2 reputable witnesses who are at least 18 years of age and who shall sign the certificate of marriage as prescribed by this chapter. Marriages may be solemnized or contracted according to the forms and usages of any religious society or in an entirely secular manner. No marriage shall be solemnized or contracted without the production of a license issued pursuant to this chapter. (b) The Clerk of the Peace in each county shall maintain an online registry through which clergypersons or ministers of any religion must register. (1) Upon registering, registrants shall receive a registration card online bearing the registrant’s personal registration number. That registration number must be entered on the certificate of marriage of each marriage ceremony performed by the registrant. (2) Once registered with a Clerk of the Peace in any county, a registrant’s name will be added to a statewide registry accessible to the public online. (3) Once registered with a Clerk of the Peace in any county, a registrant will be authorized to solemnize marriages statewide. (c) Any clergyperson or minister who, while not registered in accordance with this section, solemnizes a marriage shall be subject to a noncriminal penalty imposed by the Clerk of the Peace in the county where the marriage was performed, which shall include suspension or revocation of authorization to solemnize further marriages in the State. (d) In the case of absence or disability of the duly elected Clerk of the Peace, the chief deputy or, if there is no chief deputy, a deputy or acting deputy employed in the office of and appointed by the Clerk of the Peace, shall be authorized to solemnize marriages. (e) Whoever, not being authorized by this section, solemnizes a marriage, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days, and such marriage shall be void, unless it is in other respects lawful and is consummated with the full belief of either of the parties in its validity. (f) Other than as provided in this subsection, nothing in this section shall be construed to require any individual, including any clergyperson or minister of any religion, authorized to solemnize a marriage to solemnize any marriage, and no such authorized individual who fails or refuses for any reason to solemnize a marriage shall be subject to any fine or other penalty for such failure or refusal. Notwithstanding the preceding sentence, a Clerk of the Peace who issues a marriage license, or a deputy thereof, shall be required to perform a solemnization of such marriage if requested by the applicants for such license.

Del. Code tit. 13, § 107 Marriage licenses; obtaining and delivery.

(a) Persons intending to be married within this State shall obtain a marriage license at least 24 hours prior to the time of the ceremony. (b) The license must be delivered to the person who is to officiate before the marriage can be lawfully performed. If the marriage is to be performed by or before any religious society, the license shall be delivered to the religious society or any officer thereof who is duly qualified according to § 106 of this title. (c) A marriage license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to marry within 30 days from the date of its issuance. In the event the marriage ceremony is not performed within 30 days, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to marry. No refund or rebate shall be given for the unused license, nor shall said license be reinstated or postdated. The procedure to secure another license shall be the same as that provided for the initial application. (d) The Clerk of the Peace in each county for good cause being shown may: (1) Shorten the time periods specified in subsection (a) of this section; or (2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.

Del. Code tit. 13, § 108 Fee for issuing marriage licenses; prohibition of other charges.

Clerks of the peace shall issue marriage licenses for $10 each, $4.00 of which shall be deposited by the clerks of the peace with the Department of Health and Social Services for each license delivered to the various clerks of the peace to defray the costs of the various forms and certificates required by this chapter. No charge shall be made for investigation to establish the validity of any papers required of certain applicants for marriage licenses under this chapter, nor shall any person in this State make any charge for the execution of any papers required under this chapter, except that this shall not be construed to prohibit a charge for the execution of any affidavits that are required under this chapter, and except that a charge may be made for the marriage license as provided in this chapter.

Del. Code tit. 13, § 109 Licenses issued by the clerk of the peace.

The several clerks of the peace of the various counties or their deputies, also known as the Marriage Bureau, shall issue all marriage licenses and shall sign them and affix the county seal thereto.

Del. Code tit. 13, § 110 Limitations on issuance of license.

No marriage license shall be issued by a clerk of the peace when either of the parties applying for license to marry, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers that are required by this chapter are not delivered or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the marriage of such parties.

Del. Code tit. 13, § 111 Establishing validity of papers submitted by applicants; filing and inspection.

Clerks of the peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons and past or present patients of Delaware Psychiatric Center or other designated psychiatric treatment facilities as defined in § 5001 of Title 16, and shall file such papers in the office of the recorder of the appropriate county. Such papers shall constitute a part of the application for marriage license, but shall be open to inspection of the public only upon order of the Resident Judge of the proper county or such person as the Judge may appoint to give such orders.

Del. Code tit. 13, § 112 Violations by clerk of the peace; penalties.

Any clerk of the peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine shall be imprisoned not more than 30 days.

Del. Code tit. 13, § 113 Supplies of marriage licenses, books and other forms; form.

(a) Marriage licenses, and other forms and books used in connection with the issuance of marriage licenses shall be furnished by the Department of Health and Social Services on request of the clerks of the peace. (b) Judges shall supply certificates in whatever form they see fit to such divorced persons as they believe should receive them under this chapter. (c) Superintendents of asylums for the insane shall supply certificates in whatever form they see fit to such persons as they believe should receive them under this chapter. (d) [Repealed.] (e) Marriage licenses, books and forms shall be as prescribed by the Department of Health and Social Services or in this chapter. Each page of the Marriage Record Books for the use of clerks of the peace shall be numbered serially before delivery to the clerks of the peace.

Del. Code tit. 13, § 114 Retention of marriage license by celebrant.

The person performing the marriage ceremony shall retain the original or a copy of the marriage license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.

Del. Code tit. 13, § 115 Forms for marriage license; certificates of marriage.

(a) The Department of Health and Social Services shall prescribe a marriage license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be necessary to properly record marriages and the issuance of marriage licenses. The marriage license shall contain language authorizing any minister of the gospel or other person authorized by the law of the State to solemnize marriage and shall show: The earliest and latest time the marriage may be performed pursuant to the license, the place of issuance of the license, the names of the parties, the signature of the issuing authority and such other wording as the Department of Health and Social Services may prescribe. The license shall also contain a form of certification by the person performing the ceremony that the ceremony was performed and the date and time of the ceremony. (b) The Department of Health and Social Services shall furnish to all persons authorized by law to solemnize marriages a suitable form for evidencing the marriage and the date and the place thereof, which form shall be completed and delivered without charge to the bride by the celebrant immediately after the ceremony. Such form may, but need not, be the original or a copy of the marriage license.

Del. Code tit. 13, § 116 Duties of officer issuing marriage license.

(a) The number on the marriage license shall be filled in by the issuing officer unless it has been previously affixed and shall be the same number as that appearing on the application. The issuing officer shall immediately note the issuance of a license in the appropriate Marriage Record Book prescribed by the Department of Health and Social Services. (b) The officer issuing the license shall fill in all the blanks provided on the license. The place and precise time of issue and the earliest and latest time when the holders of the license may marry shall be shown and the issuing officer shall sign the marriage license. (c) If any clerk of the peace fails to perform the duties required by this section, such clerk shall be fined $100.

Del. Code tit. 13, § 117 Forms to be sent to clerk of the peace; duties of the clerk.

(a) The person performing the marriage shall, within 4 days after the ceremony, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe. (b) The clerk of the peace shall immediately enter in the Marriage Record Book, as prescribed by the Department of Health and Social Services, the date of the marriage and the name of the person performing the ceremony.

Del. Code tit. 13, § 118 Failure to return certificate of marriage to clerk of the peace for recording; penalty.

(a) Any person officiating a marriage in this State who fails to return the certificate of marriage to the issuing clerk of the peace for recording within 15 days of the marriage ceremony shall be assessed a $50 late fee by the issuing clerk of the peace. (b) Any person with an unpaid civil penalty assessed by a clerk of the peace shall have that person’s authorization to solemnize marriages in the State suspended until such penalty is paid in full.

Del. Code tit. 13, § 119 Public records; evidence.

Such marriage forms and records as may be prescribed by the Department of Health and Social Services shall be kept by the issuing officer in the issuing officer’s office. They shall be public records open for the inspection of the public after 50 years, in accordance with § 3110 of Title 16, and shall be admitted as evidence of the facts therein contained in any court of record.

Del. Code tit. 13, § 120 Marriage license application; appearance of parties; exception.

Before any marriage license shall be issued by the issuing officer, the parties desiring to marry shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing of each other according to the form prescribed in § 122 of this title to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed marriage exists. In the case of critical illness of 1 of the parties desiring to marry, the physician attending such party may appear for the ill party and make an application for a marriage license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully marry. The application for the marriage license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.

Del. Code tit. 13, § 121 Identification of applicants not known to issuing officer as residents of State.

In the case of applicants for a marriage license who claim to be residents of the State, if neither of them is personally known to the marriage license issuing officer as a resident of the State, at least 1 of such applicants must be identified as a resident of the State to the satisfaction of the issuing officer by a reputable guarantor, who under oath shall fill in the proper portion on the page in the Marriage Record Books and shall duly sign it.

Del. Code tit. 13, § 122 Marriage license application.

(a) The marriage license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health and Social Services. The marriage license application shall include the following information and such other information as prescribed by the Department of Health and Social Services: date of application, full name, sex, Social Security number, birth date and occupation of applicants, names and addresses of parents of applicants, date and place of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and termination of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and time of application. (b) The application shall contain a certification by each applicant that each applicant is not of a prohibited degree of relationship. (c) The applicants and issuing officer shall sign the application and the issuing officer shall certify as follows: “I believe neither party is now under the influence of intoxicating liquor nor a narcotic drug. I have demanded and examined such papers as are required by law and I am satisfied that they are properly executed. I know of no legal impediment to the proposed marriage of the above applicants.” The application shall also contain an appropriate affidavit form to be signed by persons certifying that an applicant is a resident of the State, if such certification is required.

Del. Code tit. 13, § 123 Marriage of minors; consent forms.

(a) No individual under the age of 18 shall be granted a marriage license. (b)-(f) [Repealed.]

Del. Code tit. 13, § 124 Administration of oaths.

Every person authorized by this chapter to issue licenses may administer oaths or affirmations to the parties applying for the license.

Del. Code tit. 13, § 125 Validity of marriages performed prior to March 20, 1913.

All marriages performed prior to March 20, 1913, by a minister of any religion, even though not a stated and ordained minister of the gospel, if otherwise valid, shall be as valid as if the same had been performed by a stated and ordained minister of the gospel.

Del. Code tit. 13, § 126 Validity of common-law or other lawful marriages.

Nothing in this chapter shall be construed to render any common-law or other marriage, otherwise lawful, invalid by reason of the failure to take out a license as provided by this chapter.

Del. Code tit. 13, § 127 False statement; penalty.

If any person applying for a license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjury, and if any person executing papers under this chapter executes them falsely, said person shall be subject to such penalties as the court may impose.

Del. Code tit. 13, § 128 Performance of marriage ceremony in violation of chapter; false certificate of marriage; penalties.

Any person or religious society having authority to solemnize marriages who performs a marriage ceremony without the presentation of a license issued pursuant to this chapter, or who performs the same prior to the expiration of 24 hours from the time of the issuance of the license or more than 30 days after the time of the issuance of the license, shall be imprisoned not more than 6 months or fined not more than $500, or both. Any person or religious society having authority to solemnize marriages who shall make any false certificate of marriage shall be fined $100.

Del. Code tit. 13, § 129 Equal treatment of marital relationships [Effective until Dec. 6, 2026].

(a) All laws of this State applicable to marriage or married spouses or the children of married spouses, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, shall apply equally to same-gender and different-gender married couples and their children. (b) Parties to a marriage shall be included in any definition or use of terms such as “dependent,” “family,” “husband,” “wife,” “widow,” “widower,” “immediate family,” “next of kin,” “spouse,” “stepparent,” “tenants by the entirety” and other terms, whether or not gender specific, that denote a spousal or familial relationship, or a person in a spousal or familial relationship, as those terms are used throughout the Code, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of the laws of this State, including in equity, regardless of whether the parties to a marriage are the same gender or different genders. (c) To the extent that provisions of the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, adopt, refer to, or rely upon in any manner, provisions of United States federal law that would have the effect of treating differently same-gender married spouses or their children as compared to different-gender married spouses or their children, same-gender married spouses and their children shall be treated in all respects by the laws of this State as if United States federal law recognizes a marriage between persons of the same gender in the same manner as the laws of this State. (d) The rights of same-gender married spouses, with respect to a child of whom either spouse becomes the parent during their marriage, shall be the same as the rights (including presumptions of parentage, paternity and maternity in Chapter 8 of this title) of different-gender married spouses with respect to a child of whom either spouse becomes the parent during their marriage. (e) Notwithstanding anything to the contrary contained in, and in addition to any other rights afforded under, Chapter 31 of Title 16, if a married person is the legal parent of a child at the birth of the child, including pursuant to subsection (d) of this section, such person shall be entitled to have such person’s name entered on the original certificate of birth as a parent of the child. (f) All persons who enter into same-gender marriages that are solemnized in this State or are created by conversion from a civil union under the laws of this State consent to the nonexclusive jurisdiction of the Family Court of this State for all proceedings for divorce and annulment of such marriage, even if 1 or both parties no longer reside in this State, as set forth in § 1504 of this title.

Del. Code tit. 13, § 141-151 §§ 141-151. Physician’s certificate of premarital physical examination and serological test; filing; consent to examinations and tests; free examination; laboratory test and report; serological test; approved laboratory; duty of State Board of Health; laboratory report form; distribution and inspection; examinations and tests outside State; military personnel; waiver of examination and test; proceedings; certificates, laboratory reports, applications and court orders should be confidential; penalty; misrepresentations and other offenses; penalty; construction of subchapter; conflict with other laws.

Repealed by 63 Del. Laws, c. 457, § 1, effective July 23, 1982.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c001/sc01/index.htmlFetched: 10/4/2026