Also known as: proxy marriages · marriage by proxy
Written by attorneys · grounded in primary & secondary sources — see below
A marriage solemnized by a ceremony performed even though one party cannot attend in person. The absent party must authorize a third person in writing to act as proxy at the solemnization.
Portia Price works at a rural clinic abroad and cannot return before Parker Phillips begins a fellowship that requires proof of marriage. From overseas, Portia emails a signed authorization naming her sister as proxy. A courthouse judge conducts the ceremony with Parker and the sister present. The marriage is valid because the state permits proxy solemnization when the absent party supplies written authorization.
Philip Powell is stationed on an offshore platform and cannot leave for the mainland ceremony. Before departure he signs a written document authorizing his friend to act as proxy for the wedding to Phoebe Park. The friend and Phoebe appear before the officiant, who performs the ceremony. The marriage satisfies the proxy requirements because the absent party supplied written authorization and the solemnization occurred with the designated proxy.
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Any writing that clearly identifies the proxy and the intended spouse meets the requirement. Electronic signatures and texts have been treated as sufficient when they convey unambiguous authorization.
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No. Once the state permits proxy marriage and the written authorization is supplied, the absent party's physical presence is not required for a valid marriage.
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No. Only one party needs to be absent. The other party attends in person while the proxy represents the absent spouse.
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The marriage is invalid because both parties must satisfy the state's solemnization requirements, and an unauthorized proxy cannot substitute for an absent party.
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