Title 37, Title 37: MARRIAGES AND MARRIED PERSONS

37:1-10. Common law and other marriages without license; validity Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before December first, nineteen hundred and thirty-nine, invalid by reason of the failure to…

37:1-11 Illegal issuance of license a disorderly persons offense. 37:1-11. Illegal issuance of license a disorderly persons offense. Any licensing officer who issues a marriage or civil union license except as provided in this chapter shall be guilty of a disorderly persons offen…

37:1-12 Fees; disposition in cities of first class. 37:1-12. Fees; disposition in cities of first class. For issuing a marriage or civil union license, the licensing officer shall be entitled to receive from the applicants the sum of three dollars ($3.00). Amended 1948, c.285, s.…

37:1-12.1 Additional fee. 1. In addition to the fee for issuing a marriage or civil union license authorized pursuant to R.S.37:1-12, each licensing officer shall collect a fee of $25 from the marriage license or civil union license applicants which shall be forwarded on a quarte…

37:1-12.2 Trust fund to aid victims of domestic violence. 2. The Department of Human Services shall establish a trust fund for the deposit of the fees received pursuant to section 1 of P.L.1981, c.382 (C.37:1-12.1). The moneys from the trust fund shall be used for the specific pu…

37:1-12.3. Rules and regulations The Commissioner of the Department of Human Services shall adopt and promulgate such rules and regulations as are necessary to implement this act. L.1981, c. 382, s. 3.

37:1-13 Authorization to solemnize marriages and civil unions. 37:1-13. a. Authorization to solemnize marriages and civil unions. The following persons are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial rel…

37:1-13.1. Marriages solemnized by municipal magistrate or magistrate of municipal court; validation All marriages heretofore solemnized by any municipal magistrate or magistrate of the municipal court who was not at the time of such solemnization authorized to solemnize marriage…

37:1-13.2. Marriages solemnized by judge of court of record; validation All marriages heretofore solemnized by any judge of a court of record in this State, who was not at the time of such solemnization authorized to solemnize marriages, if otherwise valid, shall be as valid as i…

37:1-14. Certain marriages validated All marriages performed prior to March twenty-seventh, one thousand nine hundred and twelve, by a minister of any religion other than a stated or ordained minister of the gospel, if otherwise valid, shall be as valid as if the same had been pe…

37:1-15. Solemnizing without presentation of license; disorderly persons offense. Any person, not authorized by R.S.37:1-13 to solemnize marriages or civil unions, who solemnizes a marriage or civil union or any person or religious society, institution or organization, authorized…

37:1-16 Interrogation of applicants under oath; perjury. 37:1-16. Interrogation of applicants under oath; perjury. Any person authorized to solemnize marriages or civil unions may administer oaths to the parties applying to be married or to enter into a civil union or, in the cas…

37:1-17 Marriage or civil union license; information provided. 37:1-17. Marriage or civil union license; information provided. On the marriage or civil union license shall be the form for the certificate of marriage or civil union in quadruplicate, to which the licensing officer …

37:1-17.1 License and certificate of marriage or civil union; transmittal. 2. License and certificate of marriage or civil union; transmittal. The license and the original certificate shall be transmitted pursuant to R.S.26:8-41. One copy of the certificate shall be retained by t…

37:1-17.2 Delayed reports; filing; contents; affidavits; evidence. 3. Delayed reports; filing; contents; affidavits; evidence. Any marriage or civil union which has occurred or which may hereafter occur and which is not recorded with the State Registrar as required by this chapte…

37:1-17.3 Entry into marriage, civil union by proxy under certain conditions. 7. A member of the Armed Forces of the United States or the National Guard who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of his…

37:1-18 Penalty for false certificate. 37:1-18. Penalty for false certificate. Any person, religious society, institution or organization authorized to solemnize marriages or civil unions, who makes any false certificate of marriage or civil union, shall be liable to a penalty of…

37:1-19 Penalty; how recovered. 37:1-19. Penalty; how recovered. Any penalty incurred under any of the provisions of this article may be recovered with costs, in an action at law by and in the name of the local board of health of the municipality where the marriage or civil union…

37:1-2 Necessity of marriage or civil union license; "licensing officer" defined. 37:1-2. Necessity of marriage or civil union license; "licensing officer" defined. Before a marriage or a civil union can be lawfully performed in this State, the persons intending to be married or …

37:1-27 Tests; information; distribution by issuer of marriage or civil union licenses. 1. Tests; information; distribution by issuer of marriage or civil union licenses. A licensing officer or other person issuing marriage or civil union licenses shall make information available…

37:1-28 Findings, declarations concerning civil unions. 1. The Legislature finds and declares that: a. Same-sex couples in New Jersey live together in committed relationships without the benefits and rights afforded to heterosexual couples who choose to marry; b. Promoting such s…

37:1-29 Definitions relative to civil unions. 2. As used in this act: "Civil union couple" means two persons who have established a civil union pursuant to this act. "Civil union license or civil union certificate" means a document that certifies that the persons named on the lic…

37:1-3 Where marriage or civil union license to be obtained. 37:1-3. Where marriage or civil union license to be obtained. The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or, if neither party is a resi…

37:1-30 Criteria for establishment of civil union. 3. For two persons to establish a civil union in this State, it shall be necessary that they satisfy all of the following criteria: a. Not be a party to another civil union, domestic partnership or marriage in this State; b. Be o…

37:1-31 Legal benefits, protections, responsibilities of civil union couples equal to those of married couples. 4. a. Civil union couples shall have all of the same benefits, protections and responsibilities under law, whether they derive from statute, administrative or court rul…

37:1-32 Legal benefits, protections, responsibilities of spouses which apply in like manner to civil union couples; list not exclusive. 5. The following list of legal benefits, protections and responsibilities of spouses shall apply in like manner to civil union couples, but shal…

37:1-33 References to marital or spousal relationships to include civil unions. 92. Whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to "marriage," "husband," "wife," "spouse," "family," "immediate family," "dependent," …

37:1-34 Validity of civil unions entered into in foreign jurisdictions. 95. A civil union relationship entered into outside of this State, which is valid under the laws of the jurisdiction under which the civil union relationship was created, shall be valid in this State. L.2006,…

37:1-35 Rules and regulations; guidance on replying to form questions. 93. The Commissioner of Health and Senior Services in consultation with the Director of the Administrative Office of the Courts, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et s…

37:1-4 Issuance of marriage or civil union license, emergencies, validity. 37:1-4. Issuance of marriage or civil union license, emergencies, validity. The marriage or civil union license shall not be issued by a licensing officer sooner than 72 hours after the application therefo…

37:1-6 Prohibition of issuance of marriage, civil union license to minor. 37:1-6. A marriage or civil union license shall not be issued to a minor under the age of 18 years. . amended 1946, c.185, s.3; 1953, c.34, s.2; 1977, c.60; 1991, c.91, s.367; 2006, c.103, s.10; 2013, c.103…

37:1-7 Issuing of license; remarriage or reaffirming a civil union. 37:1-7. Issuing of license; remarriage or reaffirming a civil union. The licensing officer is hereby empowered to issue marriage or civil union licenses to the contracting parties who, either personally or throug…

37:1-8 Testimony under oath by applicants as to legality of proposed marriage or civil union; witnesses; perjury. 37:1-8. Testimony under oath by applicants as to legality of proposed marriage or civil union; witnesses; perjury. A licensing officer shall, before issuing a marriag…

37:1-9 When issuance of license prohibited. 37:1-9. No marriage license shall be issued when, at the time of making an application therefor, either applicant is a person currently adjudicated incapacitated. amended 1958, c.158, s.2; 1981, c.254, s.1; 2013, c.103, s.106.

37:2-30. Minor spouses; authority to join adult spouse in transfer of realty Any deed of conveyance or mortgage executed and acknowledged by an adult married person in conjunction with his or her minor spouse, if 17 years of age or older, conveying or mortgaging his or her, or th…

37:2-31 Short title. 37:2-31. This article shall be known and may be cited as the "Uniform Premarital and Pre-Civil Union Agreement Act." Source: New. L.1988, c.99, amended 2006, s.103, s.26.

37:2-32 Definitions. 37:2-32. As used in this article: a. "Premarital or pre-civil union agreement" means an agreement between prospective spouses or partners in a civil union couple made in contemplation of marriage or a civil union and to be effective upon marriage or upon the …

37:2-33 Formalties; consideration. 37:2-33. Formalities; consideration. A premarital or pre-civil union agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration. L.1988, c.99; amended 2006, c.10…

37:2-34 Contents of premarital or pre-civil union agreement. 37:2-34. Contents of premarital or pre-civil union agreement. Parties to a premarital or pre-civil union agreement may contract with respect to: a. The rights and obligations of each of the parties in any of the propert…

37:2-35 Premarital or pre-civil union agreement not to adversely affect right of child support. 37:2-35. Premarital or pre-civil union agreement not to adversely affect right of child support. A premarital or pre-civil union agreement shall not adversely affect the right of a chi…

37:2-36 When premarital or pre-civil union agreement becomes effective. 37:2-36. When premarital or pre-civil union agreement becomes effective. A premarital or pre-civil union agreement becomes effective upon marriage of the parties or upon the parties establishing a civil union…

37:2-37 Amendment or revocation of premarital or pre-civil union agreement. 37:2-37. Amendment or revocation of premarital or pre-civil union agreement. After marriage of the parties or the parties establishing a civil union, a premarital or pre-civil union agreement may be amend…

37:2-38 Enforcement of premarital or pre-civil union agreement; generally. 37:2-38. Enforcement of premarital or pre-civil union agreement; generally. The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be u…

37:2-39 Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void. 37:2-39. Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void. If a marriage or civil union is determined to be void, an agreement t…

37:2-40 Construction of article. 37:2-40. Construction of article. a. This article shall be construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting the "Uniform Premarital Agreement Act." b. This article…

37:2-41 Application of article. 37:2-41. Application of article. This article shall apply to premarital agreements executed on and after its effective date. This article as amended by P.L.2006, c.103 (C.37:1-28 et al.) shall apply to pre-civil union agreements executed on and aft…