Marriage Is More Than a Ceremony—It’s a Legal Contract
Marriage in Oklahoma is not just a personal or religious commitment; it is a civil contract governed by state law. This means that for a marriage to be legally recognized, certain legal steps and requirements must be met. Understanding these requirements is essential because an improperly formed marriage can lead to legal complications regarding property, inheritance, and family rights.
Both parties must freely and mutually consent to the marriage contract, meaning each person must have the mental capacity to understand and agree to the marriage. If either party lacks this capacity, the marriage may be declared voidable under state law. Okla. Stat. tit. 43 § 128; Okla. Stat. tit. 15 § 51.
If you are planning to marry or have questions about the legal validity of your marriage, consulting with a Marriage attorney can help clarify your rights and responsibilities.
Legal Steps Required to Enter a Valid Marriage in Oklahoma
Oklahoma law generally requires a marriage license before a couple can legally marry. At first glance, the statute Okla. Stat. tit. 43 § 4 appears to require a license for all marriages, potentially negating common law marriages. However, Oklahoma courts have held that common law marriages remain valid because the statute does not explicitly prohibit them. In re Love’s Estate, 1914 OK 332; Draughn v. State, 1916 OK CR 71.
To obtain a marriage license, both parties must first provide a physician’s certification that they have undergone a serological examination. Okla. Stat. tit. 43 §§ 31–37. Once this is done, the license can be issued by the County Clerk. Okla. Stat. tit. 43 §§ 5, 6.
After the license is issued, a marriage ceremony must be performed by an authorized official, witnessed by two individuals, and the license must be signed and returned to the court for official recording. Okla. Stat. tit. 43 §§ 4–9. Even if there were irregularities in following these steps, courts tend to favor upholding the validity of the marriage contract. Portwood v. Portwood, 109 S.W.2d 515.
For guidance throughout this process, a Tulsa attorney can provide valuable assistance ensuring all legal requirements are properly met.
Why Understanding the Legal Nature of Marriage Matters
Marriage is fundamentally a contract under Oklahoma law, which means it comes with legal rights and responsibilities. Unlike the spiritual or religious aspects of marriage, which are personal and vary widely, the legal portion determines how property is owned, what happens in divorce, and the rights of spouses.
If either party was mentally incompetent at the time of marriage, the marriage can be challenged as voidable. This highlights the importance of genuine consent in forming a legal marriage. Okla. Stat. tit. 43 § 1; Okla. Stat. tit. 15 § 51. Lawyers often advise clients to separate the civil legal marriage from religious ceremonies to avoid confusion, especially when clients inquire about annulments — which only courts can grant as a legal nullity, not religious authorities. Williams v. Williams, 1975 OK 163.
Because marriage has serious legal consequences, working with a knowledgeable Marriage attorney helps ensure you fully understand these effects before entering into the contract.
Contact a Tulsa Attorney Today
Marriage involves important legal steps and serious commitments that affect your future. If you have questions about marriage requirements or need help navigating the process, Wirth Law Office can provide clear guidance tailored to your situation. Understanding your rights and obligations under Oklahoma law is critical for making informed decisions. If you need legal help, call Wirth Law Office at (918) 879-1682. You are not alone—help is available to protect your interests and clarify your legal standing.
